beta
Text
Defendants are not guilty.
Reasons
1. Summary of the facts charged in this case
(a) A person who intends to use a harbor facility shall use the harbor facility with permission from the Minister of Oceans and Fisheries or with approval from the Minister of Oceans and Fisheries who is delegated or entrusted with the operation of the harbor facility, as prescribed by Presidential Decree;
Nevertheless, from October 2, 2014 to December 26 of the same month, the Defendant entered a total of nine times in the list of crimes in the annexed sheet of crimes in front of the naval ship ship ship (M QF-02), which was located in 495-26, YF-26, PPF-02, and used the port facilities by loading and unloading sea sand, after having contacted the cargo ship E, which was chartered by the Defendant, without obtaining the consent of the Busan Port Corporation, the operator of the above port facilities.
B. Defendant A, an employee of the Defendant, committed a violation regarding the Defendant’s business as described in the foregoing paragraph A.
2. Determination
(a) A person (1) who falls under any of the following subparagraphs under Article 97 (Penal Provisions) of the Harbor Act shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won:
4. A person who uses harbor facilities without obtaining permission under Article 30 (1) (1) (1).
A person who intends to use a harbor facility (hereafter the same shall apply in this Article) may use the harbor facility with permission from the Minister of Oceans and Fisheries, or with permission from a person delegated or entrusted by the Minister of Oceans and Fisheries or the Minister of Oceans and Fisheries (hereinafter referred to as "operator of a harbor facility") to operate the harbor facility, as prescribed by Presidential Decree, or with permission from a person who has entered into a lease contract (hereinafter referred to as "lease contractor").
Provided, That a person who intends to use a harbor facility determined by the Minister of Oceans and Fisheries shall report such fact to the Minister of Oceans and Fisheries.
(2) Matters concerning the use of port facilities and fees for the use of trade ports;