[1] Whether a fishery right holder under the Fisheries Act is permitted to capture and gather natural wild animals and plants not cultivated with a license from a fish farm (negative in principle)

[2] Purport that the Fisheries Act prescribes that a fish farm may have a control vessel, etc. on a fish farm, and whether it is permissible to capture and gather marine animals and plants other than those cultivated by obtaining a license from a fish farm (negative in principle)

[1] The right to fish farming under the Fisheries Act is a right to cultivate, catch, and gather certain kinds of marine animals and plants on certain waters with a license issued by an administrative agency. Thus, even if a fishery right holder captures and gathers marine animals and plants in a fish farm licensed to obtain a license, it shall not be permitted in principle unless the fishery right holder obtains a license, but the act of catching and gathering natural wild animals and plants is permitted.

[2] The purport of Article 27(1), (3), (4), and (5) of the Fisheries Act, and Article 28(8) of the Regulations on the Management, etc. of Fishing Licenses, etc. is that the Fisheries Act may have fishing vessels, etc. necessary for the management of fishing grounds (hereinafter “control vessels”) within fish farms, as stated in Article 27(8) of the same Act, is to protect and manage fish farms, i.e., for the purpose of cultivating and cultivating marine animals and plants for which a fish farm license is granted, and to permit the capture and gathering of marine animals and plants only within fish farms areas without a fishery permit under Article 41 of the Fisheries Act. Thus, even if a control vessel uses a control vessel, it shall not be permitted to capture and gather marine animals and plants other than those cultivated by obtaining a license from a fish farm area in principle. However, it shall be considered that it is exceptionally permitted only to the extent necessary to protect and manage

[1] Article 61(1)2 and Article 98 subparag. 8 of the Fisheries Act / [2] Article 27(1), (3) and (4), Article 61(1)2, Article 98 subparag. 8 of the Fisheries Act, Article 27(5) and Article 41 of the former Fisheries Act (Amended by Act No. 11690, Mar. 23, 2013); Article 28(8) of the Rules on the Management, etc. of Fishing Licenses

[1] Supreme Court Decision 86Do1002 Decided October 14, 1986 (Gong1986, 3062) Supreme Court Decision 2009Do11827 Decided April 8, 2010

Defendant 1 and two others

Defendants

Gwangju District Court Decision 2012No2299 Decided February 15, 2013

All appeals are dismissed.

The grounds of appeal are examined.

The right to fish farming under the Fisheries Act is a right to cultivate, capture, and gather a certain kind of marine animals and plants on a certain waters with a license from an administrative agency. Thus, even in cases where a fishery right holder captures and gathers marine animals and plants in a fish farm licensed to do so, the act of catching and gathering natural wild fauna and flora, which are not cultivated with a license, shall not be permitted in principle unless there is a separate permission therefor (see Supreme Court Decisions 86Do1002, Oct. 14, 1986; 2009Do11827, Apr. 8, 2010, etc.).

Meanwhile, Article 27(1), 3, and 4 of the Fisheries Act provide that a fishery right holder may use a fishing vessel necessary for controlling the fishing ground of his/her fishery (hereinafter “control vessel”) upon designation by the head of a Si/Gun/Gu. A fishery right holder, who does not have a control vessel in the fishing ground of his/her licensed fishery, may use a control vessel designated in other fishing grounds or a fishing vessel permitted or reported under the same Act with approval from the head of a Si/Gun/Gu. A fishery right holder, in principle, shall not use the control vessel to capture, gather, or cultivate marine animals and plants on waters other than the designated or approved fishing ground area. Article 28(8) of the Regulations on the Management, etc. of Fisheries Act provides that a fishing vessel designated as a control vessel or approved for use can only be deemed to have obtained a license for catching, gathering, or gathering marine animals and plants, catching or removing marine animals and plants in a fishing ground, removing sewage and plants, monitoring or controlling fishing grounds, and protecting and managing fishing grounds and fishing grounds for which he/she can be allowed.

In the same purport, the court below affirmed the judgment of the court of first instance which found the Defendants guilty of the charges of this case on the ground that the Defendants’ act was not for the management of the fish farm of this case, but for the capture and sale of the kniver fishing ground of this case, beyond the scope of the management of the fish farm. Such decision of the court below is justifiable and acceptable as it is in accordance with the above legal principles, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Shin (Presiding Justice)