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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant is a fisherman engaged in aquaculture in a residential area.
A person who intends to run a land seawater fishery (a fishery that cultivates marine animals and plants in an artificially developed inland sea waters) shall obtain permission for each fishing vessel, fishing gear, or facility in accordance with Article 41(3) of the Fisheries Act; however, the Defendant entered a new seed not exceeding one million won in a four-scale non-authorized fish farm, other than the former Bosung-gun D, without obtaining permission on March 30, 2017.
2. Article 3 (Scope of Application) of the Act on the Ownership of Fisheries shall apply to the following waters, etc.:
(3) A person who intends to engage in any of the following fisheries for the purpose of fishery business shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility:
2. Land seawater fisheries: The definitions of terms used in this Act for inland fisheries which cultivate marine animals and plants in the inland sea waters artificially created shall be as follows:
1. The term " inland waters" means the flow of water or the surface of water of rivers, dams, lakes, marshes, reservoirs, and other inland water created artificially;
5. The term " inland fisheries" means the business of capturing, gathering or cultivating aquatic animals and plants in inland waters;
Article 11 (Fisheries for Reporting) (1) Any person who intends to run any fishery business, other than the fishery business under Articles 6 and 9 within inland waters, which is prescribed by Presidential Decree, shall report to the Mayor of a Special Self-Governing City, the branch office of a Special Self-Governing City, the head of a Si/Gun/Gu
(1) "Fishing prescribed by Presidential Decree" in Article 11 (1) of the Enforcement Decree of the Inland Water Fisheries Act shall be as follows:
5. Land cultivating fisheries: Fisheries cultivating marine animals and plants by installing specific facilities on land;
(a) relate to the instant case;