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(영문) 대구고등법원 2014.09.19 2013누10497
어업정지처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

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 allegations that the plaintiffs are emphasizing by adding or re-afusing new or re-afford in the court of first instance, and thus, it is acceptable by applying Article 8(2) of the Administrative Litigation Act, the main text of

2. Judgment on the assertion in the trial

A. The Plaintiffs’ 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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