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(영문) 부산지방법원 2016.09.30 2016고정2774
해양환경관리법위반
Text

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

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

Defendant

A is the head of Busan Shipping D(127 tons) and the defendant B is a corporation that employs the defendant A and is the owner of D.

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

On March 17, 2016, the Defendant transferred a tugboat to a service tank through the operation of valves, while the tugboat D entered the said shipbuilding wharf, which was located in the engine room.

In such a case, the defendant was at the transfer site and had a duty of care to diving the valves or prevent the overflow due to excessive transfer by sealing the service tank in order to prevent oil from flowing over at any time due to the oil flow and the capacity of the service tank.

Nevertheless, the Defendant did not sealed the fuel oil service tank in bulk, opened a transport valve of the fuel oil storage tank located in the engine room for the transfer of fuel oil, left the engine room's oil transfer site to view the D's arrival situation, and transported the miter B/A oil stored in the fuel oil storage tank in excess of the transport of the service tank to the service tank, which led to the excessive transfer of the miter B/A oil into the service tank, and the above miter B/A oil flow over the deck and flow out approximately 58 liter into the sea.

2. Defendant B Co., Ltd. and Defendant A, who is an employee of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement with respect to G;

1. Reporting on the results of measures taken against ships discharging marine pollution and reporting on detection of ships violating the Marine Environment Management Act;

1. 유 츌 량 산정서

1. On-site photographs and documentary evidence;

1. Application of Acts and subordinate statutes to a copy of ship nationality certificate and a certified copy of corporation registry;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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