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(영문) 광주지방법원 순천지원 2020.06.26 2020고단224
수산업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 8,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person who intends to engage in the land seawater breeding business (or fisheries cultivating marine animals or plants at the surface of land artificially developed) shall obtain permission from the head of a Si/Gun/Gu for each facility;

Nevertheless, around April 1, 2019, the Defendant: (a) around 42,814 square meters in salt farms located in B, C, D, E, and F; (b) stored banks in seawater without obtaining permission for the cultivation of seawater from the net market; (c) created a new fish farm in seawater; and (d) cultivated a b.5 million mari from April 20, 2019 to August 30, 2019.

2. Any person who intends to draw water from public waters in violation of the Public Waters Management and Reclamation Act or discharge water from public waters shall obtain permission to occupy or use public waters from the management agency of public waters, such as the Minister of Oceans and Fisheries, the Governor of a Special Self-Governing Province, and the

Nevertheless, in order to conduct the land seawater fish farming without obtaining permission from the management agency of the land sea water market at the above time and place, the Defendant saw seawater from the above fish farm, which is a public waters, using the frightter, and produced water in the fish farm through pipes to the water level as a public water.

Accordingly, the Defendant occupied and used public waters without obtaining permission.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation, visit to the site, and photographs;

1. Details of requests for data related to permission for a new fish farm;

1. Application of Acts and subordinate statutes to a new letter of confirmation;

1. Article 97(1)2 and Article 41(3)2 of the former Fisheries Act (amended by Act No. 16568, Aug. 27, 2019); Article 62 Subparag. 2 and Article 8 of the Public Waters Management and Reclamation Act (amended by Act No. 1658, Aug. 27, 2019);

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