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(영문) 대구고등법원 2014.09.19 2013누10510
어업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the assertion that the plaintiff is emphasized by adding a new or repeated one at the court of first instance, and thus, it shall be quoted by applying Article 8(2) of the Administrative Litigation Act, the main text of Article 420 of the Civil

2. Judgment on the assertion in the trial

A. The Plaintiff’s assertion 1) The grounds and statutes of the instant disposition in violation of the relevant statutes are as follows: Article 43(1) of the Fisheries Act; Article 13 [Attachment 8] of the Rules on Permission for Fishery.

1. B(b) of this case’s rule provision is unlawful for the following reasons, and the disposition of this case based on such unlawful provision should also be revoked as it is unlawful. A) Notwithstanding Article 43(1) of the Fisheries Act and Article 43(1) of the same Act and the provision of the instant rule, Article 23 of the Fishery Resources Management Act and Article 10(1) [Attachment 11] of the Enforcement Decree of the Fishery Resources Management Act

Ⅱ 7.b. 4) The provisions of paragraph 7.b. may use a slope way for the net or net of fishing gear.

As a provision, in the case of a fishing vessel in the East Sea Zone, such as the instant fishing vessel, it is possible to install a slope on the side of the vessel. On the other hand, the Enforcement Decree of the Fishery Resources Management Act [Attachment Table 11].

I. paragraph 12 of the "sloping road" provides that "a facility built to slope the stern side in order to efficiently carry out the operation of fishing gear in the network operation", and the "sloping road" in the above "it is clear that the "sloping road" means a slope way installed on the stern side, so the vessel of this case is able to carry out a sloping fishing using a slope way, and at the same time, it is possible to carry out a sloping fishing using a slope in the case of the vessel of this case.

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