어선법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of the legal principles) extended the closing area by fixing the acrylic board to a part of the upper structure of the fishing vessel owned by the Defendant as a V, and thereby, the gross tonnage of the said fishing vessel was changed.
Since gross tonnage is stated in the fishing vessel inspection certificate, the act of expanding the closing place is subject to a temporary inspection.
2. Determination
A. In order to achieve the purpose (Article 1) of the former Fishing Vessels Act (amended by Act No. 14510, Dec. 27, 2016; hereinafter the same) (amended by Act No. 14510, Dec. 27, 2016; hereinafter the same) of ensuring the efficient management and safety of fishing vessels, it is necessary to determine the necessity and scope of the inspection differently depending on the type, size, etc. of the fishing vessel, and accordingly, the contents to be stated in the fishing vessel inspection certificate are determined. Therefore, it is difficult
Article 21 (1) of the former Fishing Vessels Act delegates specific matters concerning the inspection of fishing vessels to the former Enforcement Rule of the Fishing Vessels Act (amended by Ordinance of the Ministry of Oceans and Fisheries No. 244, Jun. 28, 2017; hereinafter the same shall apply) which is the Ordinance of the Ministry of Oceans and Fisheries.
Article 27 (1) 1 of the former Fishing Vessels Act provides that "where a fishing vessel passes a regular inspection, the matters to be stated in the fishing vessel inspection certificate shall be indicated, the fishing vessel shall be marked with the overall control, and "the kinds, names, the maximum number of persons aboard the fishing vessel, the restricted voltage, and the location of the draft repair of the fishing vessel, etc." shall be defined as "the type, name, the maximum number of persons aboard the fishing vessel,
Therefore, Article 21 (1) of the former Fishing Vessels Act delegates the matters to be stated in the certificate of inspection of fishing vessels to the Ordinance of the Ministry of Oceans and Fisheries when passing a regular inspection, and the specific scope of delegation is an example of Article 27 (1) 1 of the former Fishing Vessels Act.
may be seen.
Therefore, Articles 21(1) and 27(1)1 of the former Fishing Vessels Act specify the contents and scope of delegation to the Ordinance of the Ministry of Oceans and Fisheries concerning the matters to be stated in the certificate of inspection of fishing vessels.