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(영문) 창원지방법원 통영지원 2017.10.17 2016고정483
어선법위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is the owner of a fishing vessel C (9.77 tons) and D (9.7 tons) and the captain of a fishing vessel who engages in the fishing business.

Any person who intends to change the details entered in a fishing vessel inspection certificate, such as a gross tonnage, shall undergo a temporary inspection, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use a fishing vessel which has not undergone an inspection for navigation

Nevertheless, the Defendant:

A. On March 7, 2015, the vessel was used for navigation or operation nine times from March 7, 2015 to May 4, 2016 without undergoing a temporary inspection, even though the volume of the waste of the structure above D above exceeds 17.46 meters, the tonnage of the structure above D exceeds 17.46 meters, and the vessel was used for navigation or operation on nine occasions from March 7, 2015 to May 4, 2016;

B. On June 16, 2015, the ship was used for navigation or operation over 90 times between September 4, 2015 and February 29, 2016, even though the volume of the waste of the above C upper structure exceeds 3.630 cubic meters, and the tonnage exceeds 0.23 tons under the provision, and the ship was used for navigation or operation over 90 times from September 4, 2015 to February 29, 2016.

2. The owner of a fishing vessel or a vessel prescribed by Ordinance of the Ministry of Oceans and Fisheries shall register the fishing vessel in the register of fishing vessels, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, with the head of a Si/Gun/Gu having jurisdiction over the port of entry into or departure from which the fishing vessel or vessel mainly enters or departs from the port of entry or departure (hereinafter referred to as "port of entry") of the relevant statutes;

In such cases, a fishing vessel falling under Article 2 of the Ship Registration Act shall be registered after the registration of a vessel is made.

The owner of a fishing vessel under Article 17 (Change of Registered Matters) shall file an application for registration of change, as prescribed by Ordinance of the Ministry of Oceans and Fisheries, in cases where registered matters under Article 13 (1) are changed.

Article 21 (Inspection of Fishing Vessels) (1) The owner of a fishing vessel shall be subject to Article 4 in cases of the equipment of the fishing vessel under Article 3 (24 meters in length).

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