208 and 3478 Violation of Water-Related Leisure Safety Act (Objection)

A (72 years old, South)

January 23, 2009

June 3, 2009

No offender shall be punished by a fine for negligence.

1. Basic facts

According to the records, the following facts are recognized.

A. On September 21, 2008, at around 13:30 on September 21, 2008, the offender worn diving equipment, such as diving clothes, in order to carry out diving activities as hobby, and carried out diving activities by using motorboats.

B. Around 15:00 on the same day, a violator et al. al. went to the land to return to the land after diving activities, but the engine failed to operate, and the Busan Coastal Police Station, which received rescue contact, called the rescue rescue team, and rescued the offender et al. on the land safely. However, the Busan Coastal Police Station imposed an administrative fine of KRW 200,00 on the offender et al. on the ground that the offender et al. discovered that he/she carried out water-related leisure activities without wearing life jackets, and performed water-related activities without wearing life jackets.

2. The assertion of the offender;

In so-called scoo activities, a scoo may wear a diving that has excellent capacity (water) and wear a scooters with sound signal apparatus (on the water and underwater) on the water used in distress. If a scoo activities are carried with such diving equipment, it is not necessary to additionally wear a scoo, and thus, it is illegal to impose an administrative fine on the scoo activities that did not wear a scoo at the time of the scoo activities.

3. Relevant statutes.

Article 2 of the Water-Related Leisure Safety Act, the Enforcement Decree of the Act, and the Enforcement Rule of the Act on the Safety of Water Pollution. The definitions of the terms used in this Act are as follows.

1. The term "water-related leisure activities" means activities performed for hobbies, recreation, sports, education, etc. using water leisure crafts on the water;

3. The term "water leisure craft" means a vessel or craft used for water-related leisure activities, as prescribed by Presidential Decree;

17. Every person doing water-related leisure activities shall wear equipment necessary for human life safety, such as life jackets, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;

§ 59.

(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won:

Article 2

(1) "Those prescribed by Presidential Decree" in subparagraph 3 of Article 2 of the Water-Related Leisure Activities Safety Act (hereinafter referred to as the "Act") means any of the following:

1. Motor boats, 2. Yachtings, 3. Yachtings, 4. rubber boats, 5. Rubbcoos, 6. Meckys, 7. Water Skis, 8. Sheblers, 9. Coordination, 10. Carcas, 11. Carcas, 12. Kacas, 13. Water-Related Leisure Activities Safety Regulations, 14. Handcass, 15. Round, 16. Other structures, forms, and operating methods similar to water leisure crafts referred to in subparagraphs 1 through 15, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs;

Article 14

(1) Where the chief of a maritime police station or the head of a Si/Gun/Gu does not give special instructions on human safety equipment pursuant to Article 17 of the Act, a person doing water-related leisure activities shall wear life jackets (in the case of water-related leisure activities using a shoulder, referring to the equipment connected to the shoulder) with a beam attached, and when conducting a hosting, he/she shall wear a safety rope along with the life jackets.

4. Determination

A. Under the Water-Related Leisure Activities Safety Act and its Enforcement Rule, it is clear that the water-related leisure activities are carried out above, while so-called scoocoo activities such as this case are engaged in tourism, search for and exploration of underwater water using portable water pulmonary devices, etc., so it cannot be deemed that the violator has carried out scoo activities without wearing "scoo activities with scoos" on the ground that the water-related leisure activities are not in violation of the former Water-Related Leisure Activities Safety Act. In addition, if a person who intends to carry scoo activities moves from land to diving point, it is not likely that the person would have violated the former Water-Related Leisure Activities Safety Act to wear water-related leisure equipment at least when he/she moves from land to diving, and there is no clear definition of the former Water-Related Leisure Activities Act, such as "the former Water-Related Leisure Activities Act," which means that the person who fails to carry scoos' safety equipment at least when he/she moves from land to diving."

5. Conclusion

Therefore, since there is no reason to impose an administrative fine under the Water-Related Leisure Activities Safety Act, the offender is not subject to an administrative fine, and the decision is made as per the order.

June 3, 2009

Judges Kim Gung-han