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(영문) 대법원 1970. 4. 28. 선고 70누8 판결

[어업면허무효확인][집18(1)행,107]

Main Issues

The jurisdiction of a Si/Gun as referred to in Article 16 (2) of the Fisheries Cooperatives Act refers to a Si/Gun's land or a sea area.

Summary of Judgment

The business territory of a district fisheries cooperative is determined by the administrative jurisdiction of the Si/Gun, and the license for the cultivation of fishery business that intrudes on the business territory of the Si/Gun is null and void because it includes legally impossible matters.

[Reference Provisions]

Article 16 (2) of the Fisheries Cooperatives Act

Plaintiff-Appellee

Military Fisheries Cooperatives

Defendant-Appellant

Jeonnam-do Governor

original decision

Gwangju High Court Decision 69Gu13 delivered on December 3, 1969

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

The defendant's attorney's grounds of appeal 1 and 2 are examined.

However, in this case, the administrative disposition of the defendant should be determined by the administrative district of the Si/Gun as well as the administrative district of the Si/Gun as to the land and the sea surface of the Si/Gun under Article 16 (2) of the Fisheries Cooperatives Act. The court below rejected the defendant's argument that the defendant's argument that the non-party's argument that the non-party-party-party-party-party-party-party-party-party-party-party-party-party fishery cooperative's fishery business's fishery business's business' 350 square meters in 14,450 square meters in 1,560 in 1,560 in 1,50 in 1,50 in 1,50 in 1,50 in 1,50 in 200 in 1,560 in 1,000 in 20,000 in 1,000 in 200,000 in 200.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the burden of the costs of appeal.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho