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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of a boat B (the main vessel number C, the auxiliary vessel number D) with permission for coastal fishing, and is engaged in coastal fishing at the cost of a day-line in the south-do coast.
B. On January 24, 2017, the Defendant issued a disposition of suspending fisheries for 60 days on the ground of violation of Article 41(1) of the Fisheries Act. On November 3, 2017, the Defendant issued a disposition of suspending fisheries for 45 days on the ground of the violation of Article 24 of the Fishery Resources Management Act.
C. Meanwhile, on the other hand, the captain E and the captain F of the fleet, the actual owner G of the fleet (the Plaintiff’s husband) on September 25, 2017 and September 29, 2017, the captain of the said fleet received a summary order of KRW 1.5 million or a fine of KRW 2 million due to a violation of the Fisheries Act from the Gwangju District Court’s net support on March 12, 2018 (Seoul District Court Decision 2017Da7531), and the said summary order became final and conclusive around that time.
On December 29, 2017, the Defendant issued a disposition to suspend fishery business for 90 days (hereinafter “instant one disposition”) on the facts for which the instant summary order has been finalized on the grounds of violation of Article 41 of the Fisheries Act. On May 4, 2018, the Plaintiff issued a disposition to revoke a fishery business permit for five months on the grounds that the Plaintiff violated Article 24 of the Fishery Resources Management Act on August 26, 2017, but issued a disposition to change it to the suspension of fishery business for 60 days on December 4, 2018.
E. On the other hand, E, H, and G received a summary order of KRW 2 million or a fine of KRW 3 million due to a violation of the Fisheries Act and a violation of the Fishery Resources Management Act in the Gwangju District Court’s net support on January 29, 2019 on the grounds that they carried on the unauthorized coastal line fishing, around October 8, 2018 and November 28, 2018 (No. 2018 High Court Decision 2018 High Court Decision 2018 High Court Decision 6794), and G, on July 3, 2018, on the ground that they carried on the unlawfully modified coastal line fishing gear and carried on the fishing (No. 200,000,000,000,000).