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(영문) 광주지방법원 목포지원 2013.04.18 2013고정129
해양환경관리법위반
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company which executes temporary electrical construction on D main tower, and Defendant A is a person who serves as the chairperson of the above company and was working as the head of the site office of the above construction.

1. No person who is a defendant shall discharge pollutants generated in marine facilities or marine spaces into the sea;

Around November 2008, the Defendant: (a) around the port area, which is a marine space, installed in the seabed a cable (TFR-CV) cable (TFR-CV) 6,400 meters and electric wires (in diameter 14cc) 850 meters, a marine facility, in order to supply electricity necessary for temporary electrical construction at the site of wooden D main tower, which is a marine space; (b) from around 08:00 on May 18, 2012, the temporary electrical construction of the main tower was completed, and (c) from around 08:00 on May 18, 2012, the Defendant instructed the E University to set up a cable with six employees of B, diving part of the submarine cable (TFR-CV) 6,400 meters and 850 meters away from the submarine cable installed at around 17:40 on the same day; and (d) from the date, the Defendant instructed E University to set up the cable to the bottom and the bottom.

6. 3. From around 19:40 to around 19:40, a marine space, left 1,123m of electric cables and 30m of electric cables, a place of business, on the seabed under the submarine tower.

Accordingly, the Defendant discharged wastes from marine facilities into the sea.

2. As set forth in paragraph (1), A, an employee of the Defendant B, was discharging wastes from marine facilities to the sea with respect to the Defendant’s business.

Summary of Evidence

Defendant

A’s legal statement, F’s protocol of interrogation of the police in relation to F, each police protocol of interrogation of the police in relation to G/H/I, evidence photographs, “cases related to the transfer of ownership of the U.S. Electric Cable”, and application of the law of investigation report(s) and investigation report(s)

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 127 and Article 22 (2) of the Marine Environment Management Act (Selection of Fine)

B. Defendant.

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