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(영문) 부산지방법원 2020.04.22 2020고단542
해양환경관리법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The facts charged C is the actual representative director of Co., Ltd. D who supplies fuel oil to the ship.

No ship owner shall use fuel oil exceeding the sulfur content standards determined by the President (0.05%) in sea areas, other than sulfur oxides emission control sea areas, and no person who supplies fuel oil to ships shall supply ships with fuel oil exceeding the sulfur content standards (0.05%) determined by the President in the sea areas, other than sulfur oxides emission control sea areas.

Nevertheless, around February 15, 2019, C stored the light oil (0.13% of sulfur content) for ship purchased from the Busan Customs office (0.13% of sulfur content) 7,000 liters in the tank E (115 tons) which is a petroleum product transporter, and used it as fuel oil.

In addition, at around 13:00 on March 8, 2019, C used E (115 to F (1,615 ton) at the burial site in the Youngdo-gu Busan (Y.1,615 ton) for more than 0.08% of sulfur content (0.13%). A.

Defendant

No ship owner shall use fuel oil which exceeds the sulfur content standards (0.05%) determined by the President in sea areas, other than sulfur oxides emission control sea areas.

Nevertheless, around 13:00 on March 8, 2019, the Defendant was supplied and used as F (1,615 tons) fuel oil (0.13%) with more than 0.08% of sulfur content standards (0.05%) from E (115 tons) at the port of south of the Busan Young-gu, Busan.

B. At the above time and place, Defendant A, an employee, committed the above violation in relation to the Defendant’s business.

2. Determination

A. According to the records of recognition, the following facts can be acknowledged.

1) On April 15, 2019, in transit collected from F on April 15, 2019, F showed a result of the inspection that the sulfur content exceeds the standard value as described in the facts charged. 2) F transit 15,00 liters from D Co., Ltd. on March 8, 2019, and transit from G (purchase from H to supply to F) on March 30, 2019.

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