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TITLE [Violation of the Prevention of Marine Pollution Act, Destruction of Ship by Occupational Negligence,Violation of the Seafarers Act]Supreme Court Decision 2008Do11921 Decided April 23, 2009 [full Text]
Summary
[1] The case finding a criminal violation of the former Prevention of Marine Pollution Act based upon the ""oil spill accident of an oil tanker in the Taean peninsula"" caused by a collision between a tugboat and a large oil tanker based on the tugboat crew's failure to fulfill the duty of care to prevent a collision and the large oil tanker crew's failure to fulfill the duty of care to prevent a collision and pollution [2] The meaning of ""destruction"" in the crime of ship destruction under Article 187 of the Criminal Act [3] A mere puncture in part of an oil tank in a large oil tanker and destruction of a foremast, satellite antenna, navigation lamp, and etc. do not constitute ""destruction"" of ship under Article 187 of the Criminal Act [4] The scope of reversal if the ground of reversal applies only to part in case where two kinds of sentences are imposed on substantive concurrent crime
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