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(영문) 인천지방법원 2017.11.09 2017고단7003
배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 90,000,00, and by a fine of KRW 50,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a captain who exercises overall control over the operation and fishing activities of D (6 persons on board), a Chinese non-registered and self-registered fishing vessel (30 tons of load, neck, and 6 persons on board), and Defendant B is a major seafarer who takes charge of the operation of the two network by assisting the captain in the operation of the vessel.

No foreigner shall conduct fishery activities in a specific prohibited zone designated for the purpose of protecting fishery resources or coordinating fisheries, among the exclusive economic zones of the Republic of Korea.

Nevertheless, at around 18:00 on September 12, 2017 (Korean time; hereinafter the same shall apply), the Defendants: (a) loaded two fishing gear and embarked on the said fishing vessel; (b) departed from the sea area of the Republic of Korea for the purpose of fishing; (c) entered the area near the Northern Limit Line around September 13, 2017 to the Incheon Spojin-gun, 24.3 Mar. 3, 2017 (the above 37:35 minutes in North Korea; 125:13 minutes in East Korea; and 58 nautical miless in Korea’s exclusive economic zone; (d) while waiting at anchor due to a flood phenomenon where the cause of the said fishing vessel could not be known, the Defendants were unable to engage in fishing operations.

Accordingly, the Defendants received a request from E, the seat of the captain of another Chinese fishing vessel (U.S. on board) who had been engaged in fishing in the vicinity of the sea bed in China, to the effect that “the catch is discovered and disposed of by using the fish-net fishing gear in lieu of the two frameworks of the self-net fishing gear in Korea, and return it to China.” On September 14, 2017, the Defendants captured the fishing gear at the 25.1 Mar. 1, 205, 25.30 minutes in the Southern-gun, Incheon, the seat of the network known to the above E around September 22:0, 2017 (the above 37.34.30 minutes in the east-do, 125.13.60 minutes in the east, east 125.60 minutes in the east-do, and 58.4 days in the specified area of the exclusive economic zone of Korea, and had the net mold within 17:20k in the above area.

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