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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.
The Defendants respectively.
Reasons
Criminal facts
Some of the facts charged were revised.
In particular, the phrase “Article 128 subparag. 1 and Article 22 subparag. 1 subparag. 2 of the Marine Environment Management Act” as stated in the Act applicable to the Defendants is related to the case where “waste, harmful liquid substance in packaging and hazardous substance” is discharged. However, miter C, written in the facts charged, does not constitute “oil” and “waste, harmful liquid substance in packaging and hazardous substance” (see Article 2 of the Marine Environment Management Act). As such, Article 127 subparag. 2 and the main sentence of Article 22 subparag. 1 of the Marine Environment Management Act regarding the case where “oil” is discharged, the phrase modified and applied to “oil” as “Article 127 subparag. 2 and Article 22 subparag. 1 of the Marine Environment Management Act.”
No one shall discharge pollutants from a ship into the sea.
1. Defendant A is the captain who is a general manager for the operation and safety management of the oil tanker “C” (ship number D) with a gross tonnage of 522 tons. Defendant A has a duty of care to frequently check the corrosion and crack of the hull from time to time and, as appropriate, to ensure that oil on board a ship does not flow out on the sea.
Nevertheless, around 16:00 on December 7, 2016, the Defendant neglected this, and discharged oil from a ship to the sea by negligence, due to the Defendant’s negligence, on the upper part of C’s player deck storage at the 4 wharf of Busan port, where he was mooring, about 2c meters of oil generated from frequent shock during the aging and operation at the upper part of the oil tank of C’s player deck storage.
2. Defendant B, as the actual owner of “C”, committed the above violation in relation to the Defendant’s business.
Summary of Evidence
1. Defendants’ legal statement
1. Application of Acts and subordinate statutes concerning the copies of ship documents, such as on-site evidence photographs and list of seafarers;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: The former Marine Environment Management Act (amended by Act No. 14516, Dec. 27, 2016; hereinafter “Gu”).