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(영문) 부산지방법원 2018.11.08 2018고정1441
선박안전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The owner of a ship who intends to temporarily use a ship for navigation before undergoing a regular inspection conducted by the Minister of Oceans and Fisheries pursuant to the Ship Safety Act shall undergo a temporary voyage inspection to determine whether the ship has the ability of navigation required for the ship, and no person shall use a ship for navigation without a ship inspection certificate, such as a temporary navigation inspection certificate.

Accordingly, where it is intended to use a used ship for navigation to import a used ship acquired in Japan into Korea, it shall undergo a temporary navigation inspection to determine whether the ship has the ability of navigation required for the ship, such as international navigation connection between Japan and the Republic of Korea, and shall not use a ship without a temporary navigation inspection certificate for navigation.

Nevertheless, the Defendant, after acquiring a temporary vessel nationality certificate from a consul of the Republic of Korea stationed in Japan, was issued by the consul of the Republic of Korea stationed in Japan, used the relevant vessel for navigation without a vessel inspection certificate, such as temporary navigation inspection, etc., on July 4, 2016, when he/she was on board as a captain at around 04:00, in order to directly operate and transport and import the vessel B (7.4 tons, FRP, sailing day, yacht, and within the ship engine), and used the relevant vessel for navigation without a vessel inspection certificate, during approximately 120 nautical miless from July 5, 2016 to the port of Busan City of the Republic of Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Response to questioning of the duty (whether the Act on the Safety of Ships is applied), request for cooperation in investigation (documents, etc. of entry), report of internal investigation (related to a specific vessel subject to internal investigation), record of entry into and departure from a ship, response to cooperation in investigation affairs, response to cooperation in internal investigation affairs (data, etc. from the Busan Immigration Office), internal investigation report (verification of whether an import declaration is submitted and a temporary navigation inspection certificate), request for cooperation in investigation affairs (whether a temporary navigation inspection certificate is issued), request for cooperation in investigation affairs (whether a temporary navigation certificate is issued) and request for cooperation in investigation affairs (whether a temporary navigation certificate is issued).

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