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(영문) 부산지방법원 2016.12.15 2016노3650
항만운송사업법위반
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

Summary of Grounds for Appeal

Defendant

A As an employee of Defendant B (hereinafter “Defendant Company”) engaged in multiple cargo transport and freight forwarding services, measurement of the volume of the instant cargo as part of the Defendant Company’s transportation and freight forwarding services, and did not commit an act of calculating the volume or weight of the instant cargo in response to the demand from others. Thus, Defendants’ act does not constitute a violation of the Harbor Transport Business Act.

Judgment

A. The summary of the facts charged in the instant case is the company that carries out combined freight forwarding business and the employee of the Defendant company who manages the freight shipped in E.

1) When loading or unloading freight to or from another person’s demand, a person who intends to calculate or verify the volume or weight of the freight shall register with the Minister of Oceans and Fisheries after undergoing a qualifying examination conducted by the Minister of Oceans and Fisheries. Nevertheless, on September 11, 2015, the Defendant did not hold a valid inspection certificate for harbor transport business and did not carry a PACKING LBT (Packing specifications) of the freight exported through a ship entrusted by the shipowner F, and on September 11, 2015, the Defendant measured the volume, 2.4CBM of the freight, 2.584CBM of the freight, 2.592CBM of the freight, 2.592CBM of the freight, 2.592CBM of the freight, the Defendant Company, an employee of the Defendant Company, measured the volume or weight of the freight without the qualification of the Defendant Company, as an employee of the Defendant Company, and the lower court stated the height or height of the freight in the evidence duly adopted by the Defendant Company.

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