(영문) 부산지방법원 2015.02.13 2014고정5086

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(영문) 부산지방법원 2015.02.13 2014고정5086

해양환경관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the head of Busan Ship B (Towing, 52 tons, and C).

On August 17, 2014, at around 09:00, the Defendant operated the oil transfer pumps in the above engine room, which was a mooring point in the line No. 1 to 15, located in the middle city of Busan, Jung-gu, Busan, and transferred oil from the main fuel storage tank to the service tank (mit A oil).

At the time, there has been sufficient time for oil to be fully transferred to service tanks, but the oil transfer pumps continued to operate, so if the air of the oil transfer pumps was opened in order to deduct the air of the oil transfer pumps, it could have been leaked to the sea through the air-line of the tank and the deck discharge outlet.

In such cases, there is a duty of care to stop the operation of the oil transfer pumps prior to heating, to accurately measure the remaining oil content of the service tank, and to prevent the situation where the oil can be leaked on the surface by putting up the bund and the decks by putting up the bunde and spar, etc. on the deck.

Nevertheless, the Defendant, at around 09:20 on the same day, did not stop the operation of the oil transfer pumps and caused the oil transported beyond the capacity of the oil transfer pumps by negligence to flow off deck through the air band, thereby releasing approximately 40 liter oil into the sea, thereby causing the Defendant to pollute the sea within a range of about 40 meters in length and about 2 meters in width.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Componary documentary evidence in violation of the Marine Environment Management Act;

1. Reporting on arresting a person who violates the Marine Environment Management Act;

1. Indication of marine pollution accidents;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 127 subparagraph 2 of the relevant Act and Articles 127 and 22 (1) of the Marine Environment Management Act, the selection of fines concerning facts constituting an offense;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

참조조문

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