The defendant's appeal is dismissed.

1. The summary of the grounds for appeal: ① a person holding a permit for inshore-net fishing can gather shellfish in the sea of Jeonnam-do; thus, the Defendant did not violate an order to restrict or prohibit the operation area; ② even if a fishery permit was obtained in another area where the ground for operation was changed to Jeonnam-do; ③ the Defendant obtained a fishery permit from the Minister for Food, Agriculture, Forestry and Fisheries; ③ the Defendant naturally becomes a member of the nation since the fishery permit was obtained from the Minister for Food, Agriculture, Forestry and Fisheries; ④ the Defendant did not violate the order to restrict or prohibit the operation area in accordance with the Fisheries Act and related Acts and subordinate statutes; and the lower court erred by misapprehending legal principles.

2. Determination

A. Article 41 of the Fisheries Act (hereinafter “the Act”) provides for the permission for inshore fisheries, etc. and the types of fisheries permitted under Article 41, and other matters, or delegates such provisions to subordinate statutes. Article 61(1)2 and 3 of the Act provides for restrictions or prohibitions on inshore fisheries, such as restrictions or prohibitions on operating areas for inshore fisheries and on the quota of permits for inshore fisheries.

Article 40 of the Enforcement Decree of the Fisheries Act (hereinafter “Enforcement Decree”) specifically provides for the operation area of inshore fishing and the permitted fixed number thereof under Article 61(1)2 and 3 of the Act. In cases where the type of fisheries is “inshore fishing,” the number of permits shall be 55 cases in the operation area of Incheon Metropolitan City, Gyeonggi-do and Chungcheongnam-do, and 17 cases in the operation area of Jeollabuk-do, and the permission number shall be 17 cases in the operation area of Gyeonggi-do, and the permission number for inshore fishing shall not be determined in the case of Jeonnam-do, but the permission number for inshore fishing is not determined.

In light of these provisions of law, each area is subject to regulation.