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(영문) 광주지방법원 해남지원 2015.07.09 2015고정40
수산자원관리법위반
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

1. The summary of the facts charged is that the Defendants are persons operating the battop pattern, and K are operators of LA who import and distribute the battop pattern. In order to transplant fishery resources, such as the test and aquaculture to be brought into Korea from abroad, the Defendants conspired with K without the transplant approval, but the Defendants conspired with KA and transplanted them for the production of the battop uniform imported by K for food from February 2, 2012 to March 2012.

2. Determination

A. Contents of the relevant provisions 1) The Fishery Resources Management Act of the facts charged (hereinafter “Act”)

According to Article 64 Subparag. 6 and Article 35(1)5(2) of the Act, a person who transplanted fishery resources in violation of an order issued pursuant to Article 35(1)5 of the Act is punished. According to Article 35(1)5 of the Act, an administrative agency may issue an order to restrict, prohibit, or approve the transplantation of fishery resources. In such cases, the pertinent order shall be announced publicly. According to Article 35(4) of the Act, the said restriction, prohibition, or approval matters are prescribed by Presidential Decree.

3) According to Article 18(1)1 of the Enforcement Decree of the Act and the Enforcement Decree of the Enforcement Decree of the Act (amended by Presidential Decree No. 24455, Mar. 23, 2013), a person who intends to bring in fishery resources from a foreign country to a fish farm or seed production facility shall obtain approval from the Minister for Food, Agriculture, Forestry and Fisheries. According to Article 17(1) and (5) of the Enforcement Rule of the Act, a person who intends to bring in fishery resources from a foreign country to a foreign country pursuant to Article 18(1)1 of the Enforcement Rule of the Act may obtain approval for a variety recognized to be suitable for farming, and detailed matters necessary for the standards for approval, such as the specification of a variety subject to approval, are determined by the Minister of National Fisheries.

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