CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Busan Law Office
- 2. The Statutes Relevant to the Case, Explained by the Busan Law Office
- 3. The Busan Law Office's Assistance
- - The Busan Law Office's Argument
- 4. The Court's Decision on the Busan Law Office's Argument
- - If You Need the Help of the Busan Law Office
1. The Client's Situation
The client had been sentenced to a suspended sentence at the first instance for violating the Marine Environment Management Act, and came to a Busan attorney to request assistance.
How the Client Came to the Busan Law Office
The account of the client who had a consultation at the Busan law office is as follows.
The client was working as the representative of a shipping company.
Then, one day, an incident occurred in which 28,000 liters of cargo-hold cleaning water from a company vessel was discharged into the sea.
This was because the client had deliberately dumped the cleaning water into the sea to reduce vessel operating costs.
As a result of this incident, the client was indicted on charges of violating the Marine Environment Management Act, and was sentenced to a suspended sentence at the first instance.
Considering the first-instance judgment somewhat excessive, the client decided to file an appeal.
The client came to the Busan office to reduce the sentence with the assistance of an attorney experienced in handling a variety of criminal 🔗case studies.
2. The Statutes Relevant to the Case, Explained by the Busan Law Office
The client who requested assistance from the Busan law office had been involved in charges of violating the Marine Environment Management Act.
The Marine Environment Management Act is a statute for the comprehensive management of the marine environment, with the purpose of protecting the marine environment and removing pollutants.
If you are involved in charges of violating the Marine Environment Management Act, you may be punished under the following provisions.
A person who falls under any of the following shall be punished by imprisonment for up to three years or a fine of up to 30 million won.
1. A person who discharges waste (pollutants) from a vessel or marine facility
2. A person who discharges oil, noxious liquid substances, or packaged hazardous substances from a vessel or marine facility
3. A person who uses a vessel for navigation by a method that does not conform to the conditions stated in the marine pollution prevention inspection certificate or the like (including international navigation)
4. A person who, when pollutants have been discharged, fails to take cleanup measures or violates an order to take measures
5. A person who, when there is a risk that pollutants may be discharged, fails to take measures to prevent the discharge or violates an order to take measures
Relevant Precedent
A case in which, in the ‘Taean Peninsula oil tanker oil spill,’ caused by a collision between a tugboat fleet and a large oil tanker, a violation of the former Marine Pollution Prevention Act regarding the oil spill was recognized on the grounds of the tugboat fleet crew's breach of the duty of care to prevent the collision and the large oil tanker crew's breach of the duty of care to prevent the collision and pollution (Supreme Court Decision 2008Do11921)
3. The Busan Law Office's Assistance
The Busan law office analyzed the statutes and precedents relevant to the case and established a systematic strategy.
It earnestly appealed for leniency toward the client, asserting the following.
The Busan Law Office's Argument
Although the client discharged 28,000 liters of cargo-hold cleaning water generated during vessel operation into the sea, pollutants accounted for only 3.4 percent of the discharged amount.
In addition, the biodiesel component at issue is an eco-friendly premium fuel oil, so the degree of marine pollution is low.
This means that the concentration of pollutants in the cleaning water was relatively low, so the environmental damage can be regarded as relatively minor.
On top of this, the client is a first-time offender who showed deep remorse for the matter, recognized the seriousness of environmental pollution, and made efforts to prevent recurrence.
The attorney emphasized that the client is doing his utmost to improve, completing education for environmental protection and thoroughly establishing an improvement plan.
4. The Court's Decision on the Busan Law Office's Argument
The court, accepting the Busan law office's argument, sentenced the client to a relatively light fine.
Having received a suspended sentence at the first instance, the client expressed deep gratitude, saying that thanks to the Busan attorney he was able to receive a fine.
Suspended Sentence / Fine
A suspended sentence may appear to be a lighter punishment than a fine, but in reality it carries various restrictions and disadvantages. A person who receives a suspended sentence may face it as grounds for dismissal and may experience disadvantages such as employment restrictions or suspension of qualifications. In addition, if the person is involved in another crime during the probation period, there is a risk of having to serve additional time equal to the imprisonment term imposed under the suspended sentence. In short, a suspended sentence carries law-compliance conditions, so it can be said to involve greater restrictions than a fine. A suspended sentence allows a person to maintain short-term freedom, but in the long term it may carry more responsibility and burden.
If You Need the Help of the Busan Law Office
To avoid being punished on the basis of unfavorable statements in a criminal case, obtaining the assistance of an attorney is recommended.
At Daeryun, 🔗criminal attorneys conduct examinations similar to the investigation process and respond to a case systematically.
In addition, Daeryun provides multifaceted legal services, including protective security services to safeguard clients.
If you need the assistance of an attorney in a situation similar to the case above, please entrust your case through a criminal attorney 🔗legal consultation booking.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
