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(영문) 창원지방법원 2019.04.10 2018구합51742
어업허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is the captain of B, with respect to B (4.9 tons) owned by himself/herself, who obtained a license for coastal complex fishery business, coastal net fishery business, and deep-sea fishing business (from September 30, 2014 to December 31, 2018), and is the captain of B.

B. On March 9, 2017, around 14:05, the Plaintiff was discovered to the East Sea Fisheries Management Council on the ground that “a person, without permission, was captured by a person, who escaped from a new network operation area without permission, and captured a person, who was engaged in fishing using B at approximately 4.6ma on the sea of 4.6 Emb. Busan Seo-gu, Busan.”

C. On March 10, 2017, around 13:40, the Plaintiff was exposed to the East Sea Fisheries Management Body on the ground that “the Plaintiff refused to issue a stop vessel and sailed at the sea on the 4.3math day of Busan Seo-gu, Busan Seo-gu.”

On July 10, 2017, the Defendant received the Plaintiff’s request for administrative disposition against each of the above violations of the Fisheries Act from the East Sea Fisheries Management Committee, followed prior notice of disposition and procedures for submitting opinions, and on June 19, 2018, issued a disposition of revocation of fishery license (the period of disposition: from June 29, 2018 to June 28, 2019; hereinafter “instant disposition”).

On March 9, 2017, the Plaintiff: (a) had been engaged in fishing at the sea of approximately 4.6 cm in Busan C, the Busan C, etc., which was outside of 12.7 math on the 14:05 fishing zone (violation of Article 41 of the Fisheries Act); (b) had manufactured fishing gear that is not provided for in fisheries-related Acts and subordinate statutes; (c) had captured eight persons who have returned (160 km) (violation of Article 66 of the Fisheries Act, violation of Article 24 of the Fishery Resources Management Act); and (d) had refused an order to stop 50 minutes near 13:40 on March 10, 2017.

(Violation of Article 72 of the Fisheries Act). [Violation of Article 72 of the Fisheries Act] No dispute, Gap 1, 3, Eul 1-3, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The non-existence of the grounds for disposition (the violation of Article 66 of the Fisheries Act among the grounds for disposition of this case shall be limited to the use of the fishing gear permitted for the capture of a new spoke net by using B, thereby changing the form of fishing gear.

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