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(영문) 광주지방법원 순천지원 2017.01.16 2016고정504
해양환경관리법위반
Text

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

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the head of Busan Shipping D(45 tons) of Busan Shipping D(45 tons), and Defendant B is the owner of D's ship and the employment of Defendant A.

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

around 10:00 on May 16, 2016, the Defendant was supplied with vessel fuel oil of 5,000 litress from D’s vessel E (61 ton) with petroleum products shipped at the central water level at the time of leisure water, respectively.

In this case, as the head of D, the Defendant had a duty of care to prevent the discharge of pollutants by taking prior measures, such as checking the pressure, flow quantity, etc. of oil transferred at the time of the supply and demand of oil, calculating the quantity of oil being supplied in advance, and making contact on the supply line.

Nevertheless, the Defendant believed to supply 5,00 litress from the supply line without demanding the suspension of the operation of the pumps by thoroughly checking the quantity of oil supplied and supplied at the time of the supply and demand of the oil, and neglected to take preventive measures for the excessive supply of the oil on May 16, 2016, the Defendant, on the ground that the fuel being supplied to the DNA fuel tank around 10:30 on May 16, 2016, flows into the air together with the air through the air air air air air ventilation apparatus (e.g., Ebben), connected on the port deck of the said vessel, thereby releasing fuel in the sea.

2. Defendant B, an employee of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Notification of detection of ships violating the Marine Environment Management Act (D);

1. Application of D (Towing, 45 tons) Acts and subordinate statutes related to marine pollution;

1. Article 127 subparag. 2 of the Marine Environment Management Act and Article 22 subparag. 1 of the Act on the Management of the Sea and A: Defendant B: Articles 130 and 127 subparag. 2 of the Marine Environment Management Act and Article 22(1) of the Act on the Management of the Sea and Environment (affirmative)

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