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(영문) 인천지방법원 2020.08.13 2020고정127
해양환경관리법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a real representative of C in Dong-gu, Incheon, for the purpose of cutting off, cutting off, bed, shipbuilding, repairing, closing vessels, etc. in B.

1. Any person who intends to dismantle a ship shall formulate a work plan, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, to prevent pollutants from being discharged in the course of dismantling the ship, and report such plan to the Commissioner of the Korea Coast Guard seven days prior to the commencement of works;

Nevertheless, from May 3, 2019 to the 14th day of the same month, the Defendant dismantled each of the vessels without filing a report under the above provisions in the course of dismantling two vessels, such as D (A. 120 tons, D) and E (A. 141 tons, D.) at the sea in front of the business place of the above C.

2. No person shall discharge pollutants (waste, oil, noxious liquid substance, or harmful substance in packaged form) which adversely affect or are feared to adversely affect the marine environment as they flow from a ship into the sea or discharge into the sea;

Nevertheless, around June 2, 2019, the Defendant discharged 1,200 L of oil (emulative mixtures) in the E, which is oil in the process of dismantling work in the above C workplace, using a diving pumps.

Summary of Evidence

1. The defendant's statement F in his court statement, and the statement by the police in G;

1. Application of Acts and subordinate statutes to known as a result of analysis of samples related to the marine pollution in the Incheon Manban in a complaint filed against any company violating each marine environment management Act;

1. Article 126 subparagraph 1 of Article 126, Article 22 (1), Article 129 (2) 14, Article 111 (1) of the Marine Environment Management Act concerning facts constituting an offense, the selection of fines for negligence, and the selection of fines;

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;

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