logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.01.25 2016고정559
어선법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is also the actual operator of a fishing boat B (9.77 tons) with a common fishing boat.

A person who intends to remodel or repair a fishing vessel's length, width, depth, or main body of a vessel to affect the strength, depth, or fireity of the hull, or to alter the details stated in the fishing vessel inspection certificate shall undergo a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone an inspection for navigation or operation.

However, on June 19, 2015, the Defendant installed a acrylic board in the open space of the structure on the part of the building of the vessel in Gyeyang-gu, Busan-si, Busan-si, the Defendant used the said vessel for navigation or operation of the said vessel over 106 occasions between June 19, 2015 and March 5, 2016, without undergoing a temporary inspection, even if the tonnage exceeds 15.630 cubic meters, and the tonnage exceeds 2 tons under the regulations, and the vessel used the said vessel for navigation or operation over 106 times from June 19, 2015 to March 5, 2016.

2. Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:

4. A person who uses a fishing vessel for navigation or fishing operations without undergoing an inspection of the fishing vessel under Article 21 (Inspection of Fishing Vessels) (1) The owner of a fishing vessel shall undergo an inspection conducted by the Minister of Oceans and Fisheries of the equipment of the fishing vessel under Article 3 (including the indication of repair by the draft referred to in Article 4, in cases of at least 24 meters in length) as prescribed by Ordinance of the Ministry of Oceans and Fisheries of the Republic of Korea, as follows:

Provided, That this shall not apply to fishing vessels determined by Ordinance of the Ministry of Oceans and Fisheries, such as non-powered fishing vessels of less than five gross tons.

1. A precise inspection conducted when used for the first purpose of navigation or when the term of validity of the fishing vessel inspection certificate issued under Article 28 (1) expires;

2. A simple inspection conducted between an interim inspection and a periodic inspection conducted between the following periodic inspections:

3. Ad hoc special inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

arrow