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(영문) 대구지방법원포항지원 2019.02.14 2018가합11645

어촌계장선거무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the fishing village fraternity affiliated with C Association established and organized by those engaged in fisheries in South-gu, South-gu, and South-gu.

B. On November 1, 2018, the Defendant publicly announced the election for the chief of a fishing village fraternity in order to elect the chief of a fishing village fraternity, and on November 19, 2018, carried out an election for the chief of a fishing village fraternity (hereinafter “instant election”).

In the instant election, the Plaintiff and D were run for the instant election, and D acquired E, and the Defendant decided D on November 19, 2018 as the elected person of the fishing village fraternity and publicly announced D as the elected person.

C. Meanwhile, around June 2015, the Defendant drafted a written oath of the following contents (hereinafter “instant written oath”) in order to obtain signatures and seals from Defendant’s members.

A written oath shall be taken as follows to eradicate illegal fishing and establish a continuous production basis and induce producers to actively participate in fishing village fraternity income by gathering and gathering marine animals, plants, seaweeds, etc. from the fishing village fraternity, village fishing ground, and cooperative fish farm:

- Article 3) - In the event of detection in the course of fishing operations of a fishing village fraternity in the course of illegally spreading back or spreading back to the fishing village fraternity, a penalty surcharge of KRW 500,000 per 1 maririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririririri one hundred five times from the date of payment of a penalty surcharge, and automatically withdraw from the fishing village fraternity

To observe the terms and conditions as set forth above, I will sign and seal a pledge and present it.

June 2015: He/she shall have a signature and seal attached to the fishing village fraternity B.

D. On October 17, 2017, the Plaintiff received a summary order of KRW 3 million as the Daegu District Court Port Branch 2017 High Court Decision 201Da4596, Oct. 17, 2017, on the ground that “the Plaintiff violated the Fisheries Act by collecting 14km, 13km, etc. on July 18, 2017 using a vessel, the designated period of which has elapsed.”

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