logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.07.16 2015고정274
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall discharge pollutants, such as oil, from ships into the sea.

On October 7, 2014, around 09:15, under the supervision of the defendant, the captain of the B, who is the captain of the U.S. Jin-gu Jin-gu defense engine, the supply of and demand for duty-free fuel oil from the hydrogen oil reservoir and the transport of fuel oil in the fuel tank to B service tank (a small capacity tank with temporary storage in order to supply oil to the burner easily) was in progress.

In such a case, the Defendant had a duty of care required for the safety of ships and the management of facilities, such as placing crew members who can take measures as a supervisor and placing pest control equipment on deck so that immediate control is possible in the event of a pollutant emission accident, in preparation for marine emission accidents such as foreseeable oil that may occur while transferring fuel oil in a fuel tank to a service tank.

Nevertheless, the Defendant did not neglect his duty of care to prevent the marine emission of fuel oil at the same time, and did not recognize that the service tank transfer work for fuel oil was completed, and did not completely control the excess fuel oil flowing through the service tank gas emission outlet, which was discharged into the sea through deck draining.

On October 7, 2014, at around 09:15, the Defendant discharged fuel oil, which is a ship, to the sea around the defensive-in-funch oil reservoir located in Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Article 127 subparagraph 2 of the relevant Article of the Marine Environment Management Act and Article 22 (1) of the same Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow