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(영문) 대구지방법원 2017.07.14 2016구합23419
해기사면허취소처분 취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff’s violation of the Fisheries Act and the Defendant’s request for administrative disposition against the Defendant 1) The Plaintiff holds a fishery permit in Ulsan-gun Coast Guard B, Ulsan-gun Coast Guard C, and Ulsan-gun Coast Complex D, and is a fisherman who captures stores, dissolved articles, etc. by operating “E (67 tons)” owned by the Plaintiff. A person who intends to run a fishery business using a non-powered fishing vessel or a powered fishing vessel with a total of less than 10 tons must obtain a permit for each fishing vessel or fishing gear from the Mayor/Do governor.

(Article 41(2) of the Fisheries Act. However, the Plaintiff from January 13, 2016 to the same year.

2.1. up to the day, the Fisheries Act was violated Article 41(2) without permission of the competent Mayor/Do governor.

3) On July 18, 2016, the head of Ulsan-gun notified the Plaintiff on the following grounds: (a) 30 days of suspension of fisheries due to the violation of the Fisheries Act; and (b) 30 days of suspension of fishery operations due to the violation of the Fisheries Act; and (c) 4); and (d) on August 3, 2016, the head of Ulsan-gun issued a license certificate from the Plaintiff on the same day; (c) 30 days of suspension of fishery operations to the Plaintiff on the same day; (d) 5 August 2016.

9. 3. A penalty surcharge of KRW 1.8 million in lieu of a penalty surcharge was imposed on the Defendant, and the Defendant demanded an administrative disposition of KRW 30,000 to suspend a license for a marine officer pursuant to Article 71(1) of the Fisheries Act. B. The Defendant’s business suspension and revocation of a license for a marine officer was imposed on August 10, 2016, and the Defendant issued 30 days of business suspension (from August 3, 2016 to September 1, 2016) on the ground that the Defendant violated Article 41(2) of the Fisheries Act.

2) After that, on October 13, 2016, the Defendant was notified by the Maritime Security Guards that the Plaintiff served as the captain of E at least 13 times during the period of suspension of business, and subsequently, issued a disposition revoking the Plaintiff’s license (hereinafter “instant disposition”) by applying Article 9(1)6 of the Ship Personnel Act on November 9, 201.

(c) On November 23, 2016, the Plaintiff’s license was suspended (from August 3, 2016 to September 1, 2016).

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