수산업법의 처벌 규정에 관한 연구

Abstract

Although after the revision of the Fisheries Act, the penalty had been enforced with increased number of offenses defined, there had been almost no studies carried out in regards to suitability of penalty provision. In this study, the penalty provision of the Fisheries Act was analyzed and the suitability of weighing of penalties, whether there are any cases that punish trivial offenses were investigated. Based on the investigation performed, problems in regarding penalty provisions of the Fisheries Act were identified and the plans of reformation are here forth proposed. Firstly, in regards to the provision on penalties, the following was proposed - enforce penalties for those who acquired licenses or approvals through deception or other unlawful deeds, revise the law for those who violated the clause 61, which is the order made for adjustment on the fishery and the revision on the law about penalty for misusing other people' fishery license. Secondly, in terms of penalties regarding administrative order, it was pointed that the amount of the fine should be increased, resolve double imposing of administrative penalty and the fine and revise the provision on the consent for reporting. Thirdly, in terms of provision on fines, increase in infringement criteria and the clarification on reduction criteria were proposed. Fourthly, in the terms of provision on surcharge, introduction of notification system and revision on enforcement or reduction of penalty were proposed.