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(영문) 대전지방법원 서산지원 2015.01.09 2014고정154
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person boarding as a captain of waste collection line D (67 tons, baselines, and ship at port) and E (representativeF) is a corporation that engages in fishing ground purification and maintenance business, waste transport and disposal business.

On November 6, 2013, 2013, the Defendant anchored the aforementioned D by using the boom G players and the strings of the stern at the port near the breakwater located in Seogsan-si, Seogsan-si, and mooring the said D at the port near the breakwater.

정박할 때는 선박이 안전하게 정박될 수 있도록 파주력이 좋은 수면 밑 저질이 뻘인 곳에 정박해야 하고, 바람과 조류의 영향, 닻의 상태 및 닻을 연결하는 와이어 줄의 강도 등을 사전에 확인하여야 할 주의의무가 있음에도, 피고인은 정박한 장소가 뻘 위에 각종 퇴적물이 쌓이는 파주력이 좋지 않은 저질임을 확인하지 않았다.

On the other hand, at around 20:00 on November 24, 2013, the wind wave was in effect in front of the sea of the Yellow Sea, which is the place where the D is anchored.

In the event that weather deterioration is predicted due to the entry into force of the Francism, the defendant did not check the state of anchor and the strength of the excess connected to anchors for the safety of the above D, even though he has a duty of care to secure power by putting the anchor under the bottom of the water by connecting anchors, he did not check the state of anchor and the strength of the excess connecting anchors.

On November 25, 2013, at around 03:00, the Defendant’s negligence led anchor G, and the G mooring at the same place was going to the right side of a tide embankment at the same time. On the port side of G, the aforementioned D being mooring at the port side was lying toward the direction of the water surface while the above D being aground in the tide embankment, and the tide was changed to the water surface, and the water flows into the above D's room.

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