Whether the act of a fisheries cooperative operator of an agricultural and fishery products wholesale market to obstruct the direct shipment of agricultural and fishery products by its operators (affirmative)

According to Articles 19 and 21(1)2 and 21(1)2 of the Decree on the Protection of Marine Resources, raising and selling dry sea can be conducted only at a place designated by the Administrator of the Fisheries Administration (each auction house located within the jurisdiction of the Fisheries Cooperatives by the defendants). However, the Plaintiff Maritime Affairs and Trade Co., Ltd. operating an agricultural and fishery products wholesale market under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products directly shipping for consumption by being entrusted by producers outside the jurisdiction of the Defendants’ association is unlawful, and thus, the Plaintiff’s claim for exclusion is justifiable.

Article 12 of the Act on the Protection of Marine Products and Fishery Resources, Article 21 of the Decree

Supo Maritime Affairs and Trade Co., Ltd., Counsel for the defendant-appellant

[Defendant-Appellant] Defendant 3 et al., Counsel for defendant-appellant-appellant

Gwangju High Court Decision 78Na434 delivered on November 27, 1980

The appeal is dismissed.

The costs of appeal shall be assessed against the defendants.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below held that the plaintiff company obtained on December 27, 1971, "the business of opening a wholesale market to protect the interests of producers and consumers by facilitating the supply of and demand for agricultural and fishery products supplied with food to urban citizens" under the Agricultural and Fishery Products Quality Promotion Act, and that the plaintiff company received basic guidelines on the operation of the Agricultural and Fishery Products Quality Promotion Fund for 75 years in order for the above business to be "direct shipment in Jeju Industrial Complex" from the Minister of Agriculture and Fisheries to be "direct shipment in Jeju Industrial Complex". Thus, the plaintiff company attempted to carry in direct shipment in Korea by being entrusted to the producers within Sejong City, but the plaintiff company failed to transport by mobilization of its members, etc., or even after so deducted, the plaintiff company did not violate the above legal principles on fishery resources protection by determining that it does not obstruct the above business, and that the plaintiff company's request for exclusion of the above business from distribution within the jurisdiction of the plaintiff's auction house and the plaintiff's auction house's sale in accordance with the above law.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice) Kim Jong-young (Presiding Justice)