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(영문) 대법원 2015.06.11 2013도14334
수산업법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, Article 98 subparag. 8 of the former Fisheries Act (amended by Act No. 12541, Mar. 24, 2014; hereinafter “former Fisheries Act”) provides that “any person who violates an order for coordination, etc. of fisheries under Article 61” shall be punished. Article 61(1) provides that an administrative agency may order necessary matters for coordination, etc. of fisheries, and that an administrative agency shall order necessary matters for coordination, etc. of fisheries, and that “restriction or prohibition of an operating area for inshore fisheries” under Article 61(2) provides that matters necessary for the restriction or prohibition thereof shall be prescribed by Presidential Decree.

Article 40(1) [Attachment 3] of the Enforcement Decree of the Fisheries Act, upon delegation of Article 61(2) of the former Fisheries Act, stipulates the operational zone and permitted number of inshore fishing by type of inshore fishing. However, the operation zone of a baseline-net fishing is divided into “area between the boundary line between the Do boundary line between the Gyeongnam-do and the Do boundary line between the Gyeongnam-do and the Gyeongnam-do, and the Do boundary line between the Do boundary line between the Gyeongnam-do and the Do boundary line between the Gyeongnam-do and the Do boundary line between the Do boundary line between the Gyeongnam-do and the Do boundary line between the Gyeongnam-do.”

In full view of the above provisions of the former Fisheries Act and the Enforcement Decree of the Fisheries Act, the “fence of the Gyeongnam-do and Jeonnam-do”, which is the boundary of the operation area of the fishing area of the fishing area of the fishing area of the fishing area of the fishing area of the fishing village line, shall be deemed to refer to the boundary of the jurisdiction of the Gyeongnam-do and Jeonnam-do

Meanwhile, Article 4(1) of the Local Autonomy Act provides that “previous” shall govern when determining the boundaries of the jurisdiction of a local government. In light of the legislative history of Article 4(1) of the Local Autonomy Act, the standard of “previous” is set up in order to the first enacted legal provision. Thus, the standard of “previous” is set up.

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