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(영문) 전주지방법원 군산지원 2015.09.25 2015고정241
해양환경관리법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is a person who is comprehensively responsible for the safety management of ships as captain at the time of military cargo tanker C (102 tons) and the defendant B is a person who is an owner of the above C and is engaged in maritime transportation, oil sale, transport storage, etc. and employs the defendant A as captain of the above C for its work.

1. No person shall discharge pollutants from a ship into the sea;

Defendant

A around 15:40 on January 21, 2015, around 15:5, 2015, in order to transfer fuel oil (refuel 1) 60,000 litress loaded in the above C to a fish-resistant power plant at the backline of the Cheongdo-si, Cheongdo-si, Cheongdo-do-si, Cheongdo-do-si, Cheongdo-do-do-si, by connecting the above C with the fuel transfer equipment between the internal power plant

In such a case, it is confirmed whether the fuel transport facility has been firmly connected to the fuel transport facility, and it is necessary to run a trial after confirming whether it is abnormal, but the defendant was aware that it will not occur any day, such as ordinary, and the defendant did not confirm the link between the fuel transport facility and the above C, and caused the transport of fuel oil for trial operation without confirming the transport condition of the fuel transport facility and the above C, so that approximately 1 liter of fuel oil (refuel No. 1) was discharged on the sea at the above C connected part which was snickly connected with the above C connected part, thereby releasing oil on the sea.

2. Defendant B Co., Ltd. committed the same offense as that set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Reports on the occurrence of marine pollution and completion of pollution response operations, and photographs thereof, and copies of C's nationality certificates;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the classification of pollutants and the calculation of leaked quantity);

1. Article 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the Act on the Management of Marine Environment: Defendant B stock company: Articles 130 and 127 subparagraph 2 of the Marine Environment Management Act and Article 22 (1) of the Act on the Management of Marine Environment;

1. Defendant A of detention in a workhouse: Articles 70(1) and 69 of the Criminal Act.

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