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(영문) 제주지방법원 2020.06.10 2019고정496

배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반

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Defendant shall be punished by a fine of 200 million won.

If the defendant fails to pay the above fine, the amount of KRW 400,000 shall be one day.

Reasons

Punishment of the crime

The defendant is the captain of the People's Republic of China B (216 tons, self-nets, and 14 persons on board).

A foreigner who intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea shall obtain permission from the Minister of Maritime Affairs and Fisheries.

Nevertheless, around 21:00 on April 3, 2019, the Defendant, at approximately 90 nautical miles from Jeju-do west-do west (33:10.82 minutes north latitude, 124.92 minutes east longitude, 124.92 minutes), moved outside the Korean water zone to a Korean judicial police officer in charge of controlling activities, such as the maritime police, in a manner that there is a concern that the Defendant might be exposed to the police officer of the Republic of Korea. On April 4, 2019, at approximately 90 km from Jeju-do west-do west-do west-do 124.5 km East longitude, 124.46 minutes east longitude).

Accordingly, the defendant conducted fishery activities using an pan-net fishing gear in Korean waters without obtaining permission from the Minister of Maritime Affairs and Fisheries.

Summary of Evidence

1. Each statement of the defendant and C

1. A statement of detection;

1. The police seizure record and the list of seizure;

1. Seizure of fishing gear, disposal of catches, and application of B/L photographic Acts and subordinate statutes;

1. Articles 16-2 and 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. within the relevant legal framework on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 21 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Confiscation Exclusive Economic Zone;

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