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(영문) 창원지방법원 통영지원 2017.01.25 2016고정545
어선법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is also the actual operator and master of a fishing vessel C (9.77 tons) and D (9.77 tons).

A person who intends to remodel or repair a fishing vessel's length, width, depth, or main body of a vessel to affect the strength, depth, or fireity of the hull, or to alter the details stated in the fishing vessel inspection certificate shall undergo a temporary inspection as prescribed by Ordinance of the Ministry of Oceans and Fisheries, and shall not use the fishing vessel which has not undergone an inspection for navigation or operation.

(1) On November 19, 2014, the Defendant: (a) installed a acrylic board in the opening space of the upper structure of the D upper part of the said C, Seoyang-si, Seoyang-si; (b) installed on November 19, 2014, the Defendant used the said vessel for navigation or operation over 212 occasions between November 19, 2014 and March 5, 2016, without undergoing a temporary inspection, even though the volume of tonnage exceeds approximately 4 tons; and (c) installed a board in the opening space of the upper structure of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the C upper part of the 3.568 m3,568 m3,201.

2. Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:

4. A person who uses a fishing vessel for navigation or fishing operations without undergoing an inspection of the fishing vessel under Article 21 (Inspection of Fishing Vessels) (1) The owner of a fishing vessel shall undergo an inspection conducted by the Minister of Oceans and Fisheries of the equipment of the fishing vessel under Article 3 (including the indication of repair by the draft referred to in Article 4, in cases of at least 24 meters in length) as prescribed by Ordinance of the Ministry of Oceans and Fisheries of the Republic of Korea, as follows:

Provided, That a fishing vessel determined by Ordinance of the Ministry of Oceans and Fisheries, such as a non-powered fishing vessel with a gross tonnage of less than five tons.

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