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(영문) 부산지방법원 2015.02.13 2014고정5305
해양환경관리법위반
Text

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

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

Reasons

Punishment of the crime

On August 4, 2014, at around 13:00, the Defendant transferred the light oil stored in the tank B (147 tons) to the service tank at the 1st port of the Jindo Sea, Jindo, Busan, at around 13:00.

In the service tank of the above ship, in the event that the oil is supplied in excess, the oil is likely to flow over the sea through the deck discharge outlet, and thus, the person performing the oil transfer work has a duty of care to confirm the normal operation of the oil pumps prior to the oil transfer work, and to take measures to prevent oil leakage in the vicinity, deck discharge outlet, and the outer side in preparation for the oil flow over the oil.

Nevertheless, the Defendant did not confirm the normal operation of the oil transfer pumps prior to the oil transfer work, and did not take measures to prevent oil from being leaked to the sea from the decks, so that the oil supplied in excess of the oil transfer pumps due to the failure of the oil transfer pumps during the oil transfer work can be leaked to the air through deck.

As a result, the Defendant discharged approximately 13 liter's 100 meters in length to the sea and contaminated the sea of approximately 50 meters in width.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Reporting on detection of a vessel violating the Marine Environment Management Act;

1. On-site documentary evidence and photographs violating the Marine Environment Management Act;

1. B oil outflow accident points;

1. Application of statutes on a situation report;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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