• 수산경영론집
• /
• 제25권1호
• /
• pp.19-35
• /
• 1994

The objective of this study is to analize the system of legal compensation for the fishery loses caused by public works and to suggest alternatives on the current compensation system. Korea government has been performing reclamation activities in coastal region to conduct farm, urban and industrial area, and such activities are still going on in Yeongjongdo airport area, Saemangeum area and so on. Reclamation interrupts fishing activities in or around the reclaiming area, therefore, the compensation for fishery losses incurred by fishermen should be made. The system of legal compensation in Korea, however, is based on the land compensation, and the regulation of the compensation for fishery losses in the Fishery Act can not be applied for the compensation of public works because the procedure of the compensation in the Fishery Act is different from its cause of action. Therefore, this study is caried out to suggest a resonable compensation procedure and to provide a basis for establishing legal system.

• 수산경영론집
• /
• 제37권3호
• /
• pp.85-108
• /
• 2006

The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

• 수산해양기술연구
• /
• 제57권4호
• /
• pp.334-341
• /
• 2021

The fishery compensation by marine spatial planning such as routeing of ships and offshore wind farms is required objective data on whether fishing vessels are engaged in a target area. There has still been no research that calculated the number of fishing operation days scientifically. This study proposes a novel method for calculating the number of fishing operation days using the fishing trajectory data when investigating fishery compensation in marine spatial planning areas. It was calculated by multiplying the average reporting interval of trajectory data, the number of collected data, the status weighting factor, and the weighting factor for fishery compensation according to the location of each fishing vessel. In particular, the number of fishing operation days for the compensation of driftnet fishery was considered the daily average number of large vessels from the port and the fishery loss hours for avoiding collisions with them. The target area for applying the proposed method is the routeing area of ships of Jeju outer port. The yearly average fishing operation days were calculated from three years of data from 2017 to 2019. As a result of the study, the yearly average fishing operation days for the compensation of each fishing village fraternity varied from 0.0 to 39.0 days. The proposed method can be used for fishery compensation as an objective indicator in various marine spatial planning areas.

• 수산경영론집
• /
• 제49권4호
• /
• pp.83-97
• /
• 2018

The ocean is very important to mankind for its infinite value in resource storage and utilization. In shallow coastal waters, landfill as well as pollution damage occurs frequently for the promotion of important public and private projects that are the driving forces of national development. In this case, compensation paid for the loss or damage of fishing rights acquired by the fishing community shall be distributed to each individual of the fishing community in accordance with the appropriate balance. In reality, as fishing communities in different sectors coexist, the voting rights of the general meeting of fishing communities are ignored as a minority, and the demand for the rights is ignored by the majority. Many other industries receive fish compensation, even though they have not suffered much damage. As a result serious conflicts between the individuals of the fishing community have caused social problems. Therefore, similar cases are investigated and analyzed to provide a reasonable solution.

• 수산경영론집
• /
• 제37권1호
• /
• pp.25-44
• /
• 2006

Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.

• 수산해양교육연구
• /
• 제26권5호
• /
• pp.1044-1057
• /
• 2014

This study has seen about a indemnity system of fishery damage by natural disasters such as a problem and improvement methods of government aid system and system on accident insurance for cultured fishery products. Recently, in the situation that the demage of aquaculture industry caused by frequent typhoon resulted from global warming and abnormal changed of weather is nasty, the accident insurance for cultured fishery products is necessary to show its true quality and to protect fishers against natural disasters owing to the limitation of government's aid for them. However, The objects of accident insurance for cultured fishery products which is progress on, is too short to apply, so that it is absolutely insufficient to fulfill the demands of culturing fishermen. Therefore, It could be a certain preparation to magnify the range of object items of it and to convert the trial industry being adjusted to limited area into full scale industry to adjust over all nationally. Furthermore, This insurance is complicated and strict to join rather than other insurances. As it can be seen by examples that got in trouble, despite culturing fishermen applied to join the insurance, they took all demage because the insurance was not realized. So, It is hard to say that causes impute the responsibility of it to the authority of insurance, not culturing fishery. They should simplify the registration process, limit the period each registration process and consider a countermeasure to complete it. Concerning compensation for the loss, agriculture part is easier to investigate the loss due to remained dead crop damaged by natural disaster, meanwhile, in fishing part, especially in case of cultivation of fish, it is difficult to investigate the loss and demage because crops are blown all together with typhoon when it comes plus the facilities of them are also very old. Consequently to solve the problem needs more positive attitude as it is policy insurance.

• 수산경영론집
• /
• 제42권2호
• /
• pp.31-45
• /
• 2011

Costal fisheries use small boat. The boats are frequently substituted with newly made boat or proper boat. When the boat which is substituted with another one after the fixed date for compensation is estimated for fisheries loss by public project, it is matter that which boat is the object for estimating average catch of fish. There are three ways in practical business. They are based on the date of spot probe, the date of conference for compensation and fixed date for compensation. In case of applying the first and the second ways, as the object of compensation is not fixed, there is problem that estimated result can be changed depending on changing boat tons even after the date of spot probe and the fixed date for compensation. Most of all, these ways are against Attached Form No.4 of the Enforcement Ordinance of Fisheries Law which regulate to calculate average catch of fish applying result of fishery for retroactively counted 3 years from the year before the year in which administrative measure day is. The other side, in applying boat tons based on the fixed date for compensation, estimated result of compensation will not change even boat substituted after the fixed date for compensation. Even though applying tons based on the fixed date for compensation, a problem still remains. If the boat get bigger after the fixed date for compensation, the then boat size must be applied for calculating average catch. But the boat get smaller, the changed boat size must be applied. Because changed small boat would be damaged less than the previous boat. And decrease in catch by changing boat into small one is not due to the project but due to the personal responsibility. This will help to increase objectivity and reliance on the compensation result. As the other objects are fixed based on the fixed date for compensation in the Act on Acquisition and Compensation of Land and Others for Public Project, it can be balanced with other object.

• 수산경영론집
• /
• 제36권3호
• /
• pp.119-139
• /
• 2005

The purpose of this paper is to provide information that will help both fishing industry and fisheries authority understand the principals of individual transferable quota(ITQ) fishery management. Theoretical frameworks and primary features of ITQ fishery managemenet are the assignment of exclusive property rights for harvest of common - property fisheries resources. An ITQ fishery management is fundamentally different from the conventional fishery management and it gives an individual fisherman the right to catch a specified quantity of fish, his quota. With ITQ, fisherman's quotas are transferable, in whole or in part. An ITQ is a property with certain rights of use, namely, the right to catch a given quantity and species of fish in a specific location during a specific period of time. The right is exclusive in the sense that no one else has the right to use the quota without the owner's permission. The property may be assigned, traded, and exchanged; i.e., the owner has the right to transfer an ownership to others. An ITQ fishery management leads to both economic efficiency and resource conservation. Motivations to overexploit stocks and to overcapitalize should be lessened because fishermen no longer have to compete for limited resources. There are significant positive net benefits and advantages with ITQ fishery management than without. The potential benefits and advantages of ITQ fishery management include increased profits, economic stability, improved product quality, safer working conditions, less gear conflict, elimination of the race - to - fish phenomenon, less by - catch, less gear loss, improved investment climate, mitigation of market gluts, waste reduction, addition to fisherman's wealth, and compensation for fisherman exiting the fishery. As an independent observe to Red Crab Trap Fishery some of the benefits, problems, and effects, an ITQ fishery management in Red Crab Trap Fishery is still far from to be implemented. Many different and difficult aspects (biological, socioeconomics, administrative) are involved considering the implementation of ITQ fishery management in Red Crab Trap Fishery. Among other fishery management tools, the implementation of ITQ fishery management in Red Crab Trap Fishery is considered to be the best in achieving the better conservation of fisheries resources and their more economic and rational exploitation. Korean fisheries authority should pay great attention to the experience of the economic effects of the ITQ fishery management in Red Crab Trap Fishery in the hope of being able to implement at least some of those experiences into the Korean fishery management.

• 수산해양기술연구
• /
• 제55권1호
• /
• pp.82-93
• /
• 2019

The International Labor Organization (ILO) selected fishing as the most dangerous group of jobs in the world, and it is well known in Korea as a 4D industry. Offshore large purse seine accounts for the largest portion of the fishing industry in the coastal region with high death rate and the accident rate. The repeated disaster rate survey by the Korea Maritime Institute (KMI) shows offshore large purse seiner is the highest at 22.3 percent and coastal gill nets and offshore stow net are following at 12.4 percent and 11.9 percent in order. Therefore, risk factors occurring in offshore large purse seiners were analyzed based on data from the National Federation of Fisheries Cooperatives (NFFC) for three years from 2015 to 2017 and 4M (Man, Machine, Media, Management) 3E (Engineering, Education, Enforcement) techniques were used to provide a safe fishing environment. The number of accidents on offshore large purse seiners each year was more than 150, and the number of accidents on every fishing boats was as high as 17 percent in 2015. If the accident rate and the risk level were divided by insurance, the accident resulting from contact with machinery was the highest, and the risk of a contact with gear was low but frequently occurring. This was caused by collisions and contact with gear in situations where death and disappearance risk are not high, and accident types in situations where death and loss risk are considered to be contact with machinery, falls or other accidents. Through these analysis techniques, the frequency and risk of each type of accident on a offshore large purse seiners can be demonstrated, and it is expected to raise awareness of a safer fishing environment and contribute to the reduction of accidents.