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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant is the owner and the captain of the fishing boat C (4.93 tons, two crew members on board) of the Busan Coastal Coast Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coastal Coast
A person who intends to operate a coastal complex fishery business using a power-driven fishing vessel of less than 10 gross tons shall obtain permission from the head of the competent Gun.
Nevertheless, on February 25, 2017, at around 13:00, the Defendant captured 15 mal and 3 math of thirts at the market price using 20-meter long-distance fishing with the number of lines under the jurisdiction of the Gun located in the area of Busan Gun, without obtaining permission for complex coastal fishing at the 20-meter long-distance port from 14:50 to 15:50 on February 25, 2017.
2. Determination
A. Article 97 (1) 2 of the Fisheries Act provides that a person shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won in the case of operating fisheries without permission under Article 41 (2) of the same Act. Article 41 (2) of the same Act provides that "any person who intends to run fisheries, other than inshore fisheries and fisheries under paragraph (3) (hereinafter referred to as "coastal fisheries"), which use non-powered fishing vessels and powered fishing vessels with a gross tonnage of not more than 10 tons, shall obtain permission for each fishing vessel or fishing gear from a Mayor/Do Governor for each fishing vessel or fishing gear." Article 2 (2) of the same Act provides that "fishing" is defined as "business of catching, gathering, or cultivating marine animals or plants" and Article 41 (2) of the Enforcement Decree of the same Act provides that a person shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won."
In addition, Article 1 of the Fisheries Act provides for the basic system for fisheries, which raises the productivity of fisheries by creating and protecting fishery resources and comprehensively using and managing waters.