Whether a ship of foreign nationality constitutes a foreign ship as provided in Article 2 (1) 1 of the Customs Act in case where a national distributes fishery products while he charters or takes over and operates a ship of foreign nationality (negative)

The term "foreign vessel" in Article 2 (1) 1 of the Customs Act means a vessel of foreign nationality, in principle, but a vessel of foreign nationality is also chartered or taken over and operated by a national, and the fishery products are distributed in the high seas, the fishery products are classified into domestic goods according to the owner of the catch, and thus the domestic human being is not imported.

Article 2 (1) of the Customs Act

Defendant 1 and one other

Prosecutor

Attorney Park Young-young (as to all the defendants)

Gwangju High Court Decision 87No624 delivered on December 24, 1987, Gwangju High Court Decision 87No624 delivered on January 7, 198

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Article 2(1)1 of the Customs Act provides that fishery products, etc. caught by a foreign vessel, etc. in the high seas shall be the importation of the Republic of Korea. Here, the term "foreign vessel" means a vessel of foreign nationality, in principle, but a vessel of foreign nationality shall not be deemed to fall under the above foreign vessel if a national charters or takes over and operates a vessel of foreign nationality, and carries fishery products in the high seas which are not within the territory of the Republic of Korea or in the Republic of Korea. This is because fishery products caught in the Republic of Korea or in the high seas which are not within the territory of a foreign country are classified into foreign goods or domestic goods by the owner of the bareboat. Although the nationality of the vessel is the principle of identifying the owner of the bareboat vessel, fishery products chartered or taken over and operated by a foreigner even within the territory of a foreign country can be deemed as imports of the Republic of Korea. On the other hand, fishery products chartered or taken over by a national of a foreign country can not be deemed as domestic goods.

In the above purport, the court below did not err in the misapprehension of legal principles as to the defendants' violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Customs Act, and violation of the Defense Tax Act.

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

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)