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(영문) 창원지방법원 통영지원 2017.01.25 2016고정498
어선법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the owner and captain of a fishing vessel D(9.77 tons) with a common fishing vessel.

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.

Nevertheless, on June 5, 2014, the Defendant used the above vessel for navigation or operation over 185 times between June 5, 2014 and March 5, 2016, when the volume of the waste of the upper structure of the vessel exceeds 8.219 cubic meters, even though the tonnage exceeds 0.23 tons under the provision, the Defendant used the vessel for navigation or operation on 185 occasions between June 5, 2014 and 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. Where it is used for a special purpose temporarily as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

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