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(영문) 인천지방법원 2018.10.18 2018고단6516
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of 100,000,000 won, and Defendant B shall be punished by a fine of 50,000,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a captain who exercises overall control over the operation and fishing activities of D (6 persons on board, hereinafter referred to as “instant fishing vessel”) which is a fishing vessel of the Chinese single-dong shipping network, China, and is a master, and Defendant B is an executive officer who has been in charge of the duties, such as assisting the captain and operating the net equipment at the time of fishing.

1. No foreigner shall conduct fishery activities in a specific prohibited zone designated for the protection of fishery resources or coordination of fisheries in the exclusive economic zone of the Republic of Korea.

Defendants, at around 16:00 on September 2, 2018 (Korean time; hereinafter the same shall apply), loaded a 30-meter (1.2 meters in width, 250 meters in length, and 250 meters in length) fishing gear on the instant fishing vessel under paragraph (1) of the same paragraph of the same paragraph of the same Article, and boarded crew members on board the instant fishing vessel, and departing from the sea area of the Republic of Korea for the purpose of fishing operations in the Republic of Korea. On September 3, 2018, at around 14 nautical miles (14 nautical miles (2 minutes in North Korea, 37:6.62 minutes in east, east 125Do23.58 minutes in east, east 23.58 minutes in east, and approximately 66 nautical miles in a specific prohibited area).

On September 3, 2018, at around 23:0, the Defendants captured approximately 13.2 nautical miles (North Korea’s latitude 37.36.09 minutes, east 125.24.69 minutes, and approximately 67.3 nautical miles in the specific prohibited area) near the sea, and captured approximately 330 km and approximately 1 1k gg of the soft net fishing gear, which had been set up as above, from around 08:0 on September 4, 2018 to around 10:40 on the same day.

As a result, the Defendants conspired to conduct fishery activities in a specific area of the exclusive economic zone in Korea.

2. Defendant A (violation of the order to stop a vessel) or a judicial police officer prescribed by Presidential Decree may issue an order to stop a vessel with a foreign vessel suspected of engaging in illegal fishing activities in an exclusive economic zone, and the vessel shall comply with such order;

On September 4, 2018, the Defendant captured seafarers by having them conduct illegal fishing activities, such as the entry in the preceding paragraph.

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