1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is the owner of a fishing vessel B (15 tons, diesel 425 miles, fishing vessel number C, hereinafter “instant fishing vessel”) and obtained a permit for small-sized fishing vessels D from the Defendant.

B. At around 17:13 on July 13, 2017, E, the captain of the instant fishing vessel, was discovered to a public official supervising fisheries belonging to the Seocho Sea Fisheries Management Agency, who used and operated a small-sized sea-line fishing gear with a tax item network attached on the sea at approximately 1.1 nautical miles along the south-east of the south-west-do Man-ri Man-ri, Man-ri, Sinsan-si, Masan-si, Masan-si (N 35:47.3 minutes northN, 126.29.1 minutes eastN, 184-6 Sea).

C. On August 8, 2017, the Defendant: (a) Article 64-2(1) of the Fisheries Act; (b) Article 45-3(2) [Attachment Table 3-3] of the Enforcement Decree of the Fisheries Act for the Plaintiff.

1. Offshore fisheries;

B. Pursuant to Article 34(1)8 of the Fisheries Act and Articles 4 and 6(2) of the Rules on the Standards and Procedures for Administrative Measures against Violations of the Acts and subordinate statutes related to fisheries, on the ground that a small-sized fishing boat (the period from August 16, 2017 to September 4, 2017) imposed a disposition of suspension of fisheries 20 days (the period from August 16, 2017 to September 4, 2017).

(hereinafter referred to as “instant disposition”). [The grounds for recognition: Fact that there is no partial dispute, Gap evidence 1 through 3, and Eul evidence 1]

2. Summary of the Plaintiff’s assertion

A. The main text of Article 64-2(2) of the Fisheries Act (hereinafter “instant delegation provision”) provides that “matters necessary for the restriction on the size, etc. of fishing gear shall be prescribed by Presidential Decree” shall be comprehensively delegated to subordinate Acts and subordinate statutes, and it is impossible to predict, inter alia, the scope of the period of the suspension of fisheries to be stipulated in subordinate Acts and subordinate statutes because it does not have any provision concerning the scope of the suspension of fisheries, and it is impossible to predict, therefore, the said provision violates the principle of the prohibition of comprehensive delegation.

(2) Article 45-3 (2) [Attachment Table 3-3] of the Enforcement Decree of the Fisheries Act.

1. Offshore fisheries;

(b) Parts for small boat seine fishing;