[수산업법위반][집29(2)형,9;공1981.8.1.(661) 14064]
Ministry of Oceans and Fisheries’s necessity for the total fishing of small-sized baselines with gross tonnage of less than 20 tons and for the fishery permit by the Administrator of the Fisheries Agency (negative)
Since a small-sized fishing boat with the total tonnage of less than 20 tons need to obtain a fishery permit from the head of the Fisheries Administration under Article 11 of the Fisheries Act, it is illegal that the fishing boat with the total tonnage of 1.5 tons was punished pursuant to Article 89 of the Fisheries Act on the ground that the fishing boat with the total tonnage of 1.5 tons without the permission from the head of the Fisheries Administration.
Fisheries Act Article 11 and Article 89 subparagraph 1
Defendant
Gwangju District Court Decision 79No639 delivered on January 15, 1980
The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.
We examine the Defendant’s grounds of appeal.
According to the provision of Article 11 (1) of the Fisheries Act, any person who intends to engage in fishing business prescribed by the Presidential Decree, such as 10 tons of an inshore net fishing business, shall obtain permission for each fishing vessel or gear from the Administrator of the Fisheries Administration. According to the provision of paragraph (2) of the same Article, matters necessary for the name of fishing business, tonnage of fishing vessel, engine force and other permit shall be prescribed by the Ordinance of the Ministry of Agriculture and Forestry. According to the provision of Article 14-3 (1) and 2 of the Enforcement Decree of the Fisheries Act, it is necessary to obtain permission for fishing business of less than 10 tons of an inshore net fishing business (the total tonnage of fishing business of less than 50 tons is less than 10 tons and the total tonnage of fishing vessel of less than 10 tons is less than 10 tons and the total tonnage of fishing vessel of less than 20 tons shall be less than 10 tons and the total tonnage of fishing vessel and more than 5 fishing vessel shall be less than 100 tons of fishing vessel under the provision of the Fisheries Act.
Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed and the case is remanded to the Gwangju District Court Panel Division which is the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Jong-tae (Presiding Justice) Kim Jong-young (Presiding Justice)