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(영문) 광주지방법원 순천지원 2013.10.08 2013고정564
수산업법위반
Text

Defendant

A A Fine of 6,00,000 won, Defendant B and C of each fine of 2,00,000,000 won, and Defendant D of each fine of 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A is the actual owner and the master of the FF (3.15 tons) of a fish farming farm management vessel F. The defendant B was the head of the H fishing village fraternity located in YY G in Jeonnam-gun, and the defendant C is the representative of the I fishery partnership operating the shellfish farming business, and the defendant D is the person who conducts the shellfish farming business at his domicile.

1. Defendant A:

A. At around 06:00 on December 25, 2012, 2012, the JJK, the JJK, on board the ship F along with the victim K and left the port, and thereafter, he was engaged in the gathering of scambling using two molds of type net gear loaded on the ship located at the sea of about 15th day before Lbari-gun Lbage.

When collecting shellfish on the sea using a glive gear, the duty of care is required to maintain the balance of vessels and safely understand because the weight of the shellfish taken in the glive gear and gear is at the risk of mooring vessels.

Nevertheless, the Defendant, at around 15:00 on December 25, 2012, caused the death of a seafarer K, on which the weight-oriented weight of the vessel was oriented on the port side, due to the negligence on the part of the F, in order to confirm the mal net fishing gear on the port side of the F, working at around 15:00, and caused the death of the vessel by crashing K on the sea.

B. By negligence as referred to in the above paragraph (a) of this Article, crew K transferred F on board and buried it on the sea.

2. Defendant B, C

(a) The fishery right of a village or the fishery right of a shellfish aquaculture licensed to a fishing village fraternity in order to promote the common interests of fishers who reside in a certain area shall not be leased, except for the fishery partnership corporations comprised of members of the fishing village fraternity or members of the fishing village fraternity

Nevertheless, on June 3, 2010, Defendant B is not a member of H fishing village fraternity, both of which consisting of five fishing rights, including the license M, which is the communal fishing right of H fishing village fraternity, and the license N,O, P, Q, which is the fishery right of the shellfish of H fishing village fraternity.

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