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(영문) 울산지방법원 2015.12.15 2015고정1505
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

Defendant

A is the owner and captain of a power-driven water leisure craft B (13 tons, motorboats, seating capacity of 12).

No person shall discharge pollutants from ships into the sea, and when he/she discharges oil from ships into the sea, he/she shall discharge pollutants in accordance with the standards and methods of discharge prescribed by Ordinance of the Ministry of Oceans and Fisheries in sea areas

On October 2013, the Defendant purchased and operated the above B in Japan, and confirmed in advance that it was installed with a diving pumps to prevent flood damage, etc. on the lower part of the engine room, and if the borrow water, such as oily mixtures, etc., is collected more than a certain depth, it is automatically discharged from the sea through pipes connected to the lower part of the hull through the pipe connected to the lower part of the hull. As such, the Defendant has the duty of care to prevent the contamination of the sea through the inspection of the engine room after the operation of the vessel, by putting the borrow water at risk of marine leakage into land or suspending the diving pumps operation automatically, thereby emitting the sea.

Nevertheless, on April 18, 2015, the Defendant operated B at the sea near the Ulsan Port near the Ulsan Port and did not confirm the oily mixtures, such as the subletlet of the engine room, and did not stop the engine diversp pumps. On April 27, 2015, at around 16:30, the Defendant discharged at least 31.5 liters of oily mixtures through the outlet of the vessel.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of any ship violating the Marine Environment Management Act (B);

1. Application of relevant Acts and subordinate statutes (B);

1. Article 128 subparagraph 1 of the relevant Act and Articles 128 and 22 (1) of the Marine Environment Management Act, the selection of fines concerning facts constituting an offense;

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

1. The Criminal Procedure Act;

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