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(영문) 광주지방법원 2020.12.17 2020노410
낚시관리및육성법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant reported the fishing vessel business by setting the business territory as a daily member of the coast of Jeonnam-do, and even if the Defendant was engaged in the fishing business on the sea of approximately 31 miles-gun, Jeonnam-do, the Defendant cannot be deemed as a false report under Article 53 (2) 6-3 of the Fishing Management and Promotion Act, as stated in the facts charged.

2. The lower court determined that Article 33(1) of the Fishing Management and Promotion Act, Article 20(1) of the Enforcement Rule of the Fishing Management and Promotion Act provides that “a fishing vessel proprietor who intends to report entry into or departure from a port shall prepare a report on entry into or departure from a port and report to the head of the agency reporting entry into or departure from a port,” and Article 53(2) of the same Act provides that “a fishing vessel proprietor who intends to report entry into or departure from a port or departure from a port

On the other hand, the report of entry into and departure from a fishing market, fishing market, scheduled date and time of entry into and departure from a port, etc. under attached Table 15 of the Enforcement Rule provides that "the head of an agency reporting entry into and departure from a port may restrict the departure of a fishing vessel if deemed necessary for the safety of fishing vessel fishermen, crew members, and passengers in consideration of weather and maritime conditions, etc." under Article 34 (1) of the same Act. In light of the purport of the relevant Acts and subordinate statutes, the reason for stating "fishing market" in the above report of entry into and departure from a port shall be determined by ascertaining whether the place of operation is within the business area as well as weather conditions of the place, sea conditions, etc. through entry into a specific fishing market, and ultimately, it is determined that the Defendant's act is ultimately intended to promote the safety of fishermen, crew members, and passengers on board the relevant vessel.

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