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All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1, 2, and 3
A. Article 34(1) of the former Fisheries Act (wholly amended by Act No. 8377 of Apr. 11, 2007; hereinafter “former Fisheries Act”) provides that the head of a Si/Gun/autonomous Gu may restrict or suspend a licensed fishery business, or restrict a fishing vessel’s mooring, departure, and entry into and departure from the port, in certain cases. The head of a Si/Gun/autonomous Gu cited the following: “When necessary for the proliferation and protection of fishery resources” ( Subparagraph 1); “when required for military training or major military bases” ( Subparagraph 2); “when requested by the Minister of National Defense as deemed necessary for national defense” ( Subparagraph 3); “when necessary for the navigation, anchorage, mooring, mooring, or laying of underwater cables” ( Subparagraph 4); “when necessary for the public works under Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor” ( Subparagraph 5).
In addition, Article 19 of the former Enforcement Decree of the Fisheries Act (wholly amended by Presidential Decree No. 20351, Oct. 31, 2007; hereinafter “former Enforcement Decree of the Fisheries Act”) provides that “where it is deemed necessary for military training, security of major military bases or national defense under Article 34(1)2 and 3 of the Act, the Minister of National Defense agrees with the head of the relevant administrative agency as he/she deems it necessary for strategies and tactically,” under the delegation of Article 34(2) of the former Enforcement Decree of the Fisheries Act (wholly amended by Presidential Decree No. 203
Article 45 (1) and (3) of the former Fisheries Act provide that the provisions of Article 34 shall apply mutatis mutandis to permitted fisheries and reported fisheries.
Meanwhile, Article 81 (1) of the former Fisheries Act provides that a person who has suffered a loss due to a disposition due to a cause falling under any of the following subparagraphs may claim compensation from an administrative agency which has made the relevant disposition, and the main sentence of subparagraph 1 falls under Article 34 (1) 1 through 5 and Article 35 (1) 8 (limited to a case falling under Article 34 (1) 1 through 5).