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(영문) 광주지방법원 목포지원 2018.04.27 2017고정528
해양환경관리법위반
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Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a C's safety manager who works in Company B.

Defendant

B Co., Ltd. is a company that carries out underwater construction, etc. in Korea-U.S.D.

1. From November 28, 2016, Defendant A delegated safety management to C (238.72 ton) who is the ship owner at the port south of Mapopo-si with no boarding crew, Defendant A, from November 28, 2016, performed management work upon delegation by the ship owner B.

Defendant

A, as a safety manager of a ship, has a duty of care to check flooding and prevent the sinking of a ship by checking the mooring status of the ship from time to time, checking the level of water level of the ship's engine, etc.

Nevertheless, on April 11, 2017, around 23:54, Defendant A neglected to do so, caused C to be sunken at the south port at the time of Mapopopo-si, and thereby, Defendant A flown the oil 13,300 liters on board the ship into the sea.

As a result, Defendant A discharged oil from a ship by negligence.

2. The employee of the Defendant B Co., Ltd., who is the employee of the Defendant B, discharged pollutants oil from the ship by negligence with respect to the Defendant B’s business as described in paragraph (1).

Summary of Evidence

1. Statement made by the defendant A in the first trial record;

1. A protocol concerning the examination of the suspect of each police officer against the defendant A;

1. Each police statement made to E and F;

1. Evidentiary photographs;

1. Investigation report (applicable of Acts and subordinate statutes to the grounds for sinking);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 127 subparag. 2 of the Marine Environment Management Act and Article 22 subparag. 1 (Selection of penalty) of the same Act;

(b) Defendant B: Articles 130, 127 subparag. 2, and 22 subparag. 1 of the Marine Environment Management Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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