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(영문) 광주지방법원 순천지원 2016.12.07 2016고단1717

어선법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 Highest 1717] The Defendant is the actual owner of a fishing vessel B (9.77 tons) which is a fishing vessel for leisure time and is engaged in the fishing vessel business.

Where the airworthiness of a fishing vessel or the maintenance of safety of human life is likely to affect the fishing vessel's equipment, the owner of the fishing vessel shall use the vessel for navigation or operation after receiving a temporary inspection from the relevant agencies, as prescribed by Ordinance of

Nevertheless, on May 2014, the defendant extended the limit to allow the entry of upper deck structures in B, which may affect the maintenance of the seaworthiness of fishing vessels, in excess of 27.6% of the limit to allow the entry of upper deck structures, and the same month.

7. 12:30 At all times, it shall depart from the national port when inn and for the same month.

9. In order to operate the fishing vessel business from around 11:0 to April 24, 2016, the said fishing vessel was used for navigation and did not undergo a provisional inspection.

[2016 Highest 1718] The Defendant is the actual owner of a fishing boat C(9.77 tons) on a leisure time, and is engaged in the fishing vessel business.

Where the airworthiness of a fishing vessel or the maintenance of safety of human life is likely to affect the fishing vessel's equipment, the owner of the fishing vessel shall use the vessel for navigation or operation after receiving a temporary inspection from the relevant agencies, as prescribed by Ordinance of

Nevertheless, on May 15, 2014, the Defendant extended the limit of permission to use the upper deck structure of C, which may affect the maintenance of the seaworthiness of the fishing vessel, in excess of 18.1% of the limit of permission to use the upper deck structure, and did not undergo a provisional inspection while operating the fishing vessel business from around 12:00 of the same month to April 15, 2016.

Summary of Evidence

[2016 Highest 1717]

1. Defendant's legal statement;

1. With respect to each investigation report, shipment certificate, etc., a copy of the protocol of statement D by the Korea Ship Safety Technology Authority.