There is no legal basis that a fishery cooperative may newly acquire the fishery right other than the joint fishery right in order to operate it to its members.

There is no legal basis that a fishery cooperative may newly acquire the fishery right other than the joint fishery right in order to operate it to its members.

Article 10 (2) of the Fisheries Act

Gangseo-gu fishing cooperative fishing village fraternity (Attorney Do-young et al., Counsel for defendant-appellant)

Jeonnam-do Governor

Gwangju High Court Decision 68Gu30 delivered on December 17, 1969

The original judgment is reversed, and the case is remanded to the Gwangju High Court.

As to the Plaintiff’s ground of appeal

According to the reasoning of the judgment, the court below decided that fishery cooperatives can acquire a joint fishery right to not operate their own fishery business and to exercise their rights to its members, and that the provisions of Article 10 (2) of the Fisheries Act are limited only to the joint fishery right, and that there is no reason to view that the provisions of Article 10 (2) of the Fisheries Act are limited only to the joint fishery right, and that fishery cooperatives can acquire a right to cultivate fishery to exercise their rights for members.

However, the provision of Article 15 (1) 2 of the Enforcement Decree of the Fisheries Cooperatives Act is merely an transitional provision to deal with the issue of the exercise of the fishery right transferred by the former Fisheries Cooperatives in addition to the provision of Article 4 of the Addenda of the Fisheries Cooperatives Act, and it is reasonable to interpret that fisheries cooperatives can acquire only the joint fishery right in accordance with the provision of Article 10 (2) of the Fisheries Act, and there is no legal ground to newly acquire the fishery right other than the joint fishery right in order to have the members manage the fishery. However, the court below decided that the disposition of the fishery business license of this case was lawful, and the decision of the court below is reasonable, and the appeal is justified, and the decision of the court below should not be reversed.

Therefore, according to Article 14 of the Administrative Litigation Act and Article 406 of the Civil Procedure Act, it is decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet