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(영문) 부산지방법원 2013.11.21 2013고정4200
해양환경관리법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person boarding a Cambodian oil tanker C, 790 tons) who is the head of the agency, and the KG is a corporation that temporarily employs the Defendant and engages in the ship sales and brokerage business. No person shall discharge pollutants from a ship into the sea. At around 11:30 on April 11, 2013, the Defendant began to be supplied first with the Central Fuel Oil Storage tank D (170 tons of oil A, a ship's oil storage, the oil tanker C, 790 tons), the oil tanker D (196 tons), the oil tanker D (196 tons), the oil tanker D, the oil tanker D (196 tons), the oil tanker D, the oil tanker of Busan, the oil tanker of which.

이러한 경우 기름을 공급받기 전에 연료이송 압력 등을 감안하여 이송 및 에어밴트(통풍구) 파이프라인의 안전성 여부를 철저히 점검하는 한편 공급받는 연료유 저장탱크 내부의 최대적재용량(약 50톤)을 감안해서 선적되는 기름의 양을 수시로 점검하고, 그 탱크의 만재(滿載) 전에 수급라인의 밸브를 적절히 조작하여 기름을 다른 연료유 저장탱크에 분산시켜 선적하는 등의 조치를 취하여 해양오염의 발생을 미리 막아야할 주의의무가 있었다.

Nevertheless, at around 11:50 on the same day, the Defendant neglected to do so, and at around 11:50 on the same day, caused by the high pressure inside the central fuel oil storage tank to be distributed externally to gas, etc., the pipe of the E-ISDN, which was dyp, was dyped so that oil was distributed out to the sea through the open-line ventilation hole.

Thus, the defendant has contaminated the sea with approximately 10m width of about 2m in length by discharging approximately 3 liter's 3 liter's volume to the neighboring sea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes, such as arrest report on the occurrence of the case, examination of evidence at the site of marine pollution, and copy of certificate of ship's nationality (5 pages);

1. Article 127 of the Marine Environment Management Act concerning criminal facts and the selection of punishment

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