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(영문) 인천지방법원 2018.09.13 2018고정1829
해양환경관리법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. No person who is a defendant A shall discharge pollutants from a ship into the sea;

On April 14, 2018, at the wharf B, a corporation located in Dong-gu Incheon Metropolitan City, Dong-gu C, and at the engine room of D (146 tons, river lines) managed by the Defendant, the Defendant discharged wastewater that had been discharged to the bottom.

In such cases, the person who intends to discharge wastewater has a duty of care to verify whether the wastewater contains oil, etc. in the oil reservoir, and to discharge the wastewater to the extent that it does not pollute any surrounding hazard such as discharging the wastewater using a separation machine from flowing water or communicating the oil cleaning enterprise to treat the oil reservoir wastewater.

Nevertheless, the Defendant neglected to do so and did not confirm whether oil, etc. is mixed with it, and discharged waste water to the sea by negligence, which discharges waste water in a large quantity, and by negligence, approximately 1,000 liters of the above prior low-water wastewater mixed with non-fluorable waste oil.

Accordingly, the Defendant negligently discharged oil from a ship to the sea.

2. Defendant B Co., Ltd., at the time and place specified in paragraph (1) above, had Defendant B, an employee of the Defendant, commit an act of discharging oil from a ship by negligence, as described in paragraph (1) above, with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Statement made by the police for E;

1. A copy of each civil petition report, a certificate of all registered matters, a copy of a certificate of employment, and a photograph of ships D of B companies in C;

1. Application of Acts and subordinate statutes to investigative reports (including, as a result of the collection and analysis of samples, confirmation of oil leakage ships, and accompanying documents);

1. Article 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the same Act, Defendant A who selects a fine: The main sentence of Article 130, Article 127 subparagraph 2 of the Marine Environment Management Act, and Articles 27 subparagraph 2 and 22 (1) of the same Act, and the selection of a fine;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Criminal Procedure Act.

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