logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.08.27 2018고정121
선박직원법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the head of agency of P(106 tons) fishing vessel D(106 tons) with the port-going ship of the same paragraph at the time of leisure, and Defendant B is the owner of the above D, and the captain of the above ship needs to be the 6th mate's license.

1. The engineers serving aboard the ship's personnel as defendants A shall serve aboard the ship in accordance with the standards for service of ship's personnel prescribed by Presidential Decree, in consideration of the navigation area, size, use, output of a propelling institution, and other matters concerning safety in ship navigation;

Although the Defendant had only a 6th engineer license, the Defendant violated the captain’s duty, such as moving the said D from August 22, 2017 to August 14:05 of the same day, i.e., the so-called the so-called “nurged Farg” on the part of the Farg, the so-called “nurging Farg” on the part of the Fargging State to move the said D from the sea inside the port of the said paragraph.

2. The owner of a ship under defendant B shall have the engineer who meets the standards for service aboard ship's personnel prescribed by Presidential Decree, in consideration of the navigation area, size, use, output of a propelling engine, and other matters concerning the safety of ship navigation.

Nevertheless, on August 22, 2017, from around 14:00 to 14:05 on the same day, the Defendant violated the above A’s service standard by having the said A, who only held a 6th engineer’s license at the sea inside the sales outlet of the fish and water cooperatives at the time of drinking water, carry out the duties of the captain as prescribed in the above paragraph (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on licenses of marine engineers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 28 Subparag. 2 and Article 14 of the Act on Ship Personnel;

B. Defendant B: Article 27 subparag. 5 of the Ship Personnel Act, Article 11 subparag. 1 of the Act, and selection of fines

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The Defendants and the defense counsel regarding the assertion of the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order is different in the absence of the captain.

arrow