Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Punishment of the crime

Defendant

A is a navigation management director of B, and Defendant B is the owner of Incheon barge C (742 tons) and the user of Defendant A.

1. Defendant A

(a) No ship shall be used for navigation without boarding persons exceeding the maximum number of persons on board entered in a ship inspection certificate violating the Ship Safety Act;

Nevertheless, from the beginning of August 2014 to the end of the same month, the Defendant boarded D with the maximum seating capacity of 0 persons, and used the said ship for construction work for constructing breakwaters in the military port.

(b) Any person who repairs ships of not less than 20 gross tons within the boundaries, etc. of an open port in violation of the Public Order in Open Ports Act and intends to repair ships by means of fire, flame, heat generated, etc. in a danger zone which is a ship shall obtain permission from the Minister

Nevertheless, from the end of April 2015 to the end of May 2015, the Defendant, without permission, repaired C from the Southern Port located in Incheon Jung-gu to the point of view where the flame and heat is generated from the public prosecution (in the enclosed area on deck) which is a danger zone.

2. Defendant B Co., Ltd. committed the act identical to that described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Evidentiary photographs;

1. Application of Acts and subordinate statutes of ship inspection certificates;

1. Article applicable to criminal facts;

A. Article 4 Subparag. 1, Article 7(1) of the former Public Order in Open Ports Act (amended by Act No. 13186, Aug. 4, 2015); Article 84(1)2, and Article 8(2) of the Ship Safety Act (amended by Act No. 1318, Aug. 4, 2015);

B. Articles 47, 44 Subparag. 1, 7(1) of the former Public Order in Open Ports Act (amended by Act No. 13186, Aug. 4, 2015); Articles 84(4) and 84(1)2, and 8(2) of the Ship Safety Act (amended by Act No. 13186, Aug. 4, 2015).