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(영문) 인천지방법원 2018.04.13 2017노1520
선박안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. According to the relevant provisions, such as Article 20 of the Enforcement Rule of the Ship Safety Act for the Reasons for Appeal, where the interim inspection time has been postponed, it is possible to sail before the extended interim inspection date goes beyond the extended interim inspection date. In the case of “E” as the vessel of this case, the interim inspection date has been postponed on January 19, 2016, and the ship inspection certificate was not suspended on December 8, 2015, which is the date indicated in the facts charged of this case, and thus, the ship inspection certificate was suspended on December 2, 2015, the date indicated in the facts charged of this case, and thus, the judgment of the court below which convicted the Defendant of the facts charged of this case by misunderstanding the fact that the ship inspection certificate

2. Determination:

A. According to Article 17(1) of the Ship Safety Act, no person shall use a ship, the validity of which is suspended for navigation, and the owner of a ship, who is unable to undergo an interim inspection due to inevitable reasons, such as long-term navigation, operation, etc. in overseas waters pursuant to Article 9(4) of the Ship Safety Act and Article 20 of the Enforcement Rule of the Ship Safety Act, may postpone the time of an interim inspection by submitting an application for extension of the time of interim inspection to the Minister of Oceans and Fisheries along with documents indicating the navigation schedule and present location of the ship, and where the Minister of Oceans and Fisheries has received an application for extension of the time of interim inspection, the period of interim inspection shall

In cases of recognition, the time of inspection may be postponed within a fixed period not exceeding 12 months from the relevant date of inspection, and in such cases, the following time, type, etc. of inspection shall be notified to the ship owner.

B. According to the evidence duly adopted and examined by the lower court and the results of factual inquiries into the Incheon District Office of the Korea Ship Safety Technology Authority, E shall undergo a Class II interim inspection within three months before and after March 28, 2015, and if it fails to pass the interim inspection, the ship inspection certificate shall be suspended after June 29, 2015.

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