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(영문) 창원지방법원 통영지원 2017.10.17 2016고정558

어선법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is also the actual operator of the fishing vessel C (9.77 tons) with high-sex loading fishing vessels.

Any person who intends to change the details entered in a fishing vessel inspection certificate, such as a gross tonnage, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone an inspection for navigation

Nevertheless, on April 10, 2015, the Defendant used the above vessel for navigation or operation over 81 times between April 10, 2015 and March 7, 2016, without undergoing a temporary inspection, even though the volume of the container used in the vicinity exceeds 15.621 metres and the tonnage exceeds 2 metric tons under the provision, at the start of the village of the So-gu So-gu So-gu, So-gu, So-gu, So-gu, So-gu, So-ri, So-gu, So-ri, the Defendant installed an Acry board at the opening space of the upper structure of the upper structure of the vessel.

2. The owner of a fishing vessel or a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel in the register of fishing vessels, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, with the head of a Si/Gun/Gu having jurisdiction over the port of entry into or departure from which the fishing vessel or vessel mainly enters or departs from the port of entry or departure (hereinafter referred to as "port of entry") of the relevant statutes;

In such cases, a fishing vessel falling under Article 2 of the Ship Registration Act shall be registered after the registration of a vessel is made.

The owner of a fishing vessel under Article 17 (Change of Registered Matters) shall file an application for registration of change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in cases where registered matters under Article 13 (1) are changed.

Article 21 (Inspection of Fishing Vessels) (1) The owner of a fishing vessel shall undergo an inspection conducted by the Minister of Oceans and Fisheries as classified in the following subparagraphs, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, with respect to the equipment of the fishing vessel under Article 3 (including the indication of full draft repair under Article 4, in cases of at least 24 meters in length):

Provided, That this shall not apply to fishing vessels determined by Ordinance of the Ministry of Oceans and Fisheries, such as non-powered fishing vessels of less than five gross tons.

1. Regular inspections: First time;

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