(3) Requesting public offices to submit reports or data.
3. A Local Marine Accidents Inquiry Agency may neither conduct production, seizure, search or take or cause others to take any mearsures for the compulsory dispition to the person, articles or places, nor render a ruling on an administrative fine.
(Oath)
Article 40-2. In case the Local Marine Accidents Inquiry Agency causes the witness to testify, the expert witness to give expert opinion, the interpreter to interpret or the translator to translate in examining evidence under Article 40, paragraph 1, these persons shall be caused to take an oath according to the proceedings provided for by Order. However, those persons specified by Order may not be caused to take an oath.
(Fact Finding)
Article 40-3. Facts shall be found on the basis of the evidence examined on the date for inquiry.
(Weight of Evidence)
Article 40-4. The probative value of evidence shall be left to the free discretion of Judges.
(Dismissal of Offer for Commencement of Inquiry)
Article 41. A Local Marine Accidents Inquiry Agency shall dismiss the offer for commencement of inquiry by a judgement about the cases as follows:
(1) Where a court has no jurisdiction over the case;
(2) Where an offer for the commencement of inquiry has been instituted in violation of rules;
(3) Where an inquiry shall not be conducted in accordance with the provisions of Article 7 or Article 19, paragraph 2.
(Reason for Judgement)
Article 42. A judgement shall be accompanied by the reason therefor.
(Judgement on the Merits)
Article 43. The Judgement on the merits shall make the fact or cause of a marine accident clear, and also make the reason of the fact clear which is indicated on the basis of evidence. However, when there is no such fact of a marine accident which is recognized, it may be sufficient only to reveal it to that effect.
