Defendant shall be punished by a fine of 20 million won.

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

Punishment of the crime

[criminal power] On January 18, 2019, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for violating the Ship Act at the Incheon District Court, and the judgment became final and conclusive on January 26, 2019.

【Criminal Facts】

The Defendant operates the “C”, which is a used ship dealer in Jung-gu, Incheon, and managed the “E” which was a long mooring at the sea in front of the coast wharf located in Jung-gu, Incheon.

On August 5, 2018, the Defendant discovered that the aforesaid “E” began to work on the right side at around 20:30.

In such cases, the ship manager has the duty of care to prevent the discharge of pollutants from the ship to the sea by checking whether the flooding, etc. in the mooring vessel did not occur, and by taking measures such as minimizing the quantity of oil in the ship by shipping a large quantity of oil stored in the ship to the land.

Nevertheless, the defendant was only engaged in drainage work on the above vessel at that time, but did not take necessary measures, such as checking the cause of inundation of the vessel or moving oil in storage on the vessel to land.

6. At around 09:17, the vessel was sunken by flooding on the well-aft part of the vessel, and accordingly, a total of 8.3 Dual oil was discharged into the sea, such as fuel oil of the vessel being kept in the vessel.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of F by prosecution;

1. Part of the police statement concerning F;

1. Each police statement concerning G;

1. Each statement of H and F prepared;

1. Image photographs before sinking;

1. Reporting, notification, and instruction on the occurrence of inundations of Incheon, coastal storage facilities, machinery, and ships;

1. Reporting, notification, and instruction on the occurrence of marine pollution in Incheon or coastal areas;

1. A statement on the calculation of leaked volume;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 9, 15);

1. Article 127 Subparag. 2 of the Marine Environment Management Act and Articles 22(1) and 127(2) of the same Act concerning the selection of criminal facts and the defense counsel, respectively;