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(영문) 대구지방법원 포항지원 2019.08.08 2019고정108
항만법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A As the vice head of the Korea Rail Network Authority affiliated with B, a person who manages and supervises D Works and completes the work as a construction management officer of D Works in C, and the defendant KR is a corporation established for the purpose of railroad construction and facility management and performing the above work.

Where a person other than the Minister of Oceans and Fisheries intends to implement a harbor project, he/she shall prepare a harbor project plan and obtain permission from the Minister of Oceans and Fisheries, the harbor project implementation plan before commencing the harbor project conforms to the harbor project plan, the harbor project implementation plan conforms to the harbor project implementation plan, the implementation plan meets the conditions of consultation under Environmental Impact Assessment Act,

1. The Defendant established a harbor project implementation plan with the approval of the Minister of Oceans and Fisheries, or obtained permission from the Minister of Oceans and Fisheries for a harbor project plan, and performed a harbor project without obtaining permission and approval of a harbor project implementation plan by starting the said D project at the construction site of the E harbor zone around October 18, 2018.

2. The Defendant, at the time and place specified in the above Paragraph (1), committed the same violation as described in the above Paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes governing approval of a non-management authority's implementation plan, permission for execution of harbor works and full registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 97 Subparag. 1 of the Harbor Act, Article 9(2) of the Harbor Act (the fact that a harbor project has been implemented without permission for the harbor construction plan), Article 97 Subparag. 2 of the Harbor Act, and Article 10(2) of the Harbor Act (the fact that a harbor project has been implemented without the formulation of the harbor construction implementation plan).

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