A person who intends to operate an excursion ship business at sea shall report to the chief of the competent coast guard station.

Nevertheless, at around 06:20 on July 13, 2014, the Defendant did not report to the chief of the Ulsan Coast Guard station, and received 20,000 won per 1 person in terms of air charge and freight from 4 Scuaber Madver Association E in Ulsan-dong, Ulsan-gu, U.S., and carried out the excursion ship business up to approximately 200 meters of the E-dong bank, a place where he was iced in rubber boats (0.33 tons, 70 miless, and outboard machines).

In addition, around 07:00 on July 13, 2014, the excursion ship business was carried on by the six members of the Scuaberasa club at the above place, and the E-dong bank, which is a place for ice ice, up to 50 meters away from the E-dong bank.

Judgment

The principle of no crime without the law requires that crimes and penalties should be prescribed by law in order to protect individual freedom and rights from the arbitrary exercise of the state punishment authority.

In light of such purport, the interpretation of the penal law must be strict, and it is not permitted to expand or analogically interpret the meaning of the explicit penal law in the direction unfavorable to the defendant as it is against the principle of no punishment without law.

(see Supreme Court Decision 201Do7725, Aug. 25, 2011). A person who intends to operate an excursion ship business shall obtain a license from, or report to, the competent authority depending on the size of the excursion ship/ferry or its business territory prescribed by Presidential Decree.

(A) The term "excursion ship business" means a business with excursion ships and ferry wharfs, which is engaged in leasing such ships or taking passengers on board such ships for fishing, sightseeing or other amusement on waters, but is not subject to the application of the Marine Transportation Act.

(Article 2 subparag. 1 of the same Act). The facts charged in the instant case are convicted.