Text
Defendant
A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 1,000,000.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
Defendant
A is the captain of a cargo ship C(53 tons) and the defendant B is the owner of the above C and the owner of the above C who engages in the maritime cargo transport business.
1. Defendant A
(a) No shipowner, shipmaster, or ship's personnel shall use a ship for navigation without boarding more than the maximum number of persons on board entered in a ship inspection certificate;
Nevertheless, on January 5, 2020, the Defendant: (a) 09:45 through through through a port-going ship located in Seoyang-gu, Seoyang-gu, Seoyang-si; (b) 10:10 on the same day, left the port by entering the port to the above C; and (c) 10:20 on the same day, the Defendant used the above C for navigation with the passengers on board exceeding 6 of the maximum number of persons on board specified in the ship inspection certificate of the above C, until the port-going ship located at the sea of approximately 0.2 miles-si, Seoyang-gu, Busan Metropolitan City.
(b) No person shall use a ship without a ship inspection certificate, etc. or a ship the validity of which is suspended;
1) On January 16, 2020, the Defendant used the navigation as stated in Paragraph 1, the vessel inspection certificate was invalid at the time and place stated in Paragraph 1, as stated in Paragraph 1. (2) The Defendant used the navigation of the above C where the validity of the vessel inspection certificate was suspended until the entry into the port of port 10:00 on the same day. (3) On January 16, 202, the Defendant used the above C where the vessel inspection certificate was suspended until the entry into the port of port 10:00 on the same day.
2. Defendant B, the captain of Defendant C, who himself owns, committed an act in violation of the same provision as described in paragraph (1) in relation to the Defendant’s business.
Summary of Evidence
1. Defendants’ legal statement
1. On-site documentary evidence in violation of the Ship Safety Act;
1. Application of Acts and subordinate statutes to a copy of the receipt of mooring report, a copy of a ship inspection certificate, and a ship inspection notice system;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 84(1)2 and 84(1)2 of the Ship Safety Act.