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(영문) 부산고등법원(창원) 2017.09.13 2016누11646
수산관계법령 위반행위에 대한 행정처분(어업허가 정지) 취소
Text

1. Revocation of a judgment of the first instance;

2. C (139t) and D (139t) against the Plaintiffs on March 28, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiffs obtained respectively permission (permission period: from January 1, 2013 to December 31, 2017) from the Defendant, from Defendant C (139t), and from Defendant D (139t), from the said respective fishing vessels, the Plaintiffs used two-boat large bottom trawling, with respect to “two-boat large bottom trawling,” F (138t), and G (138t).

B. At around 11:30 on December 3, 2015, C’s captain I, and D’s captain J was loaded with approximately 215 boxes of the total catch of approximately 3,000 boxes from among the total catch of approximately 3,000 boxes in the complete 11:30 on December 3, 2015, and at around 08:0 on December 22, 2015, F’s captain K, and G’s captain L was discovered to a public official in charge of fishery supervision (hereinafter “the discovery of the instant case”).

C. On March 28, 2016, the Defendant issued a disposition of 90 days (hereinafter referred to as “instant disposition”) for the suspension of fishery permission to each of the above fishing vessels (hereinafter referred to as “each of the instant fishing vessels”) on the ground that C, D, from November 28, 2015 to December 3, 2015, F, and G were captured from December 8, 2015 to December 22, 2015, in violation of Article 41(1) of the Fisheries Act, and Article 24(1) of the Enforcement Decree of the same Act, on the ground that they captured the extinction prohibited from capture from double large bottom fishing (hereinafter referred to as “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) In the case of two-boat large bottom fishing, it is inevitable to catch small fish species, such as extinction during the operation process, and the captain of each of the instant fishing vessels is punished by the Prevention of Marine Pollution Act, etc. if they throw away the destroyed goods, etc. captured in the state of death into the sea, and they did not capture the destroyed goods intentionally. Thus, there is no ground for disposition. 2) Each of the instant fishing vessels.

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