• The Journal of Fisheries Business Administration
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• v.25 no.1
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• pp.19-35
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• 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.

• The Journal of Fisheries Business Administration
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• v.37 no.1 s.70
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• pp.25-44
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• 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.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.57 no.4
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• pp.334-341
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• 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.

• The Journal of Fisheries Business Administration
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• v.55 no.1
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• pp.21-35
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• 2024

In this study, we collected and analyzed the current status of licenses for the limited fishery business and divided the problems related to licenses for the limited fishery business into partial damage compensation and cancellation compensation areas. In the case of partial damage compensation areas due to existing public water use projects, it is suggested that the issuance of licenses for limited fishery businesses should be reconsidered. In the case of cancellation compensation areas, it is recommended that the disposition of communal fishery businesses that do not require capital investment should be the principle. If capital such as facilities are invested, compensation should be made by Article 52 of the Enforcement Decree of the Land Compensation Act if the licenses for limited fishery business are closed due to other development projects. In addition, we proposed an improvement plan to establish a rational management system for licenses for limited fishery businesses. In addition to these improvement measures, we hope that further investigation and research on licenses for limited fishery business, which have been insufficient so far, will be conducted to promote the comprehensive use of fisheries resources and waters and the sustainable development of fisheries that are the objectives of the Fisheries Act, and contribute to the improvement of the quality of life of the people and the balanced development of the national economy.

• The Journal of Fisheries Business Administration
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• v.37 no.3 s.72
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• pp.85-108
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• 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.

• The Journal of Fisheries Business Administration
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• v.44 no.2
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• pp.1-17
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• 2013

We investigate the appropriateness of the fixed 12% discount rate to be used in estimating the amount of compensation for revoking a license for fishery business by the Enforcement Decree of Fisheries Act in Korea. We also suggest the appropriate discount rate fully reflecting the change of market interest rate in the Korean financial market. The capital asset pricing model, or, CAPM is the best known model of risk and return, and is widely used to estimate the expected rate of return for the risky projects. Even though the CAPM implies that the discount rate or the expected rate of return should change as the related market factors do, the discount rate used to estimate compensation for revoking a license for fishery business remains to be the same 12% rate for the last 15 years by law. During this period, however, the yield to maturity for the 5-year government bonds in Korea has dramatically changed from about 12% to less than 3%. In order to provide the fair compensation for the damages against the coastal fisheries and evaluate the intrinsic value of fishery resources in the coastal areas, we suggest that the appropriate discount rate should be determined by the yield to maturity of the government bonds with 5-year maturity, instead of the current fixed 12% interest rate.

• The Journal of Fisheries Business Administration
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• v.31 no.2
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• pp.133-153
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• 2000

During the last several decades, Korea has been regarded as one of the fastest growing economies in the world. However, the small size of national land has not met the vigorous demand for land necessary to develop economic infra-structures such as large-scale harbors airports and highways. In order to satisfy the growing demand for land, the Korean government and industry have implemented the national land development programs to reclaim land from the sea fur the several decades. It is certain that these land development programs have resulted in a lot of property disputes between fishermen and public project administrators. This paper is to develop a quantitative model to estimate compensation for damages or restriction of charted fisheries resulting from large-scale public projects. In this paper, the compensation model is derived by using cost-volume-profit analysis framework because the compensation for charted fisheries basically depends on the factors such as the costs, production volume, profit of charted fisheries damaged or restricted by public projects. The model shows that the compensation for damages or restriction of charted fisheries is determined by the average annual profit, damage duration period, and the degree of fishery damages. In addition, the degree of fishery damages measured by the ratio of lost profit to annual average profit turns out to be determined by the following factors: annul profit, unit variable cost, decrease in production volume, the rate of increase in variable cost, and a change in fixed cost. Furthermore, this parer discusses the nam issues related to practices and regulation of the compensation for fishery damages in the current Fishery Act of Korea and suggests some appraisal methods which will be able to lead to theoretically correct and fair compensation for fisheries damages resulting from large-scale public projects.

• The Journal of Fisheries Business Administration
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• v.42 no.3
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• pp.1-13
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• 2011

It is necessary to set up a standard of estimation for annual unit price of sale and cost, damage rate for calculating compensation against fishery damage objectively. Two items on the unit price and cost have regulations but the damage rate has not, so it may occurred some problems such as reasonability and balance because the estimation should be handling by an appraiser's knowledge and experience. This study has analyzed using Regression model and searched variable costs and fixed costs about each items appraisers to operate in the present. It is compare profit damage index is calculated by an estimated model and an appraised example. This analysis showed highly 23-30% estimated model more than appraised example. It means the overestimation for fishery damage. This difference has caused by limited data, lack of sample, much difference in the standard deviation, and has not classified each kind of business and weight of coastal fishery, the overestimation more than what expected. This study has analyzed that the applied rate of fixed and variable cost in relation to the compensation in the cost of coastal fishery is very valuable.

• The Journal of Fisheries Business Administration
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• v.49 no.4
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• pp.83-97
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• 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.

• The Journal of Fisheries Business Administration
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• v.42 no.2
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• pp.97-112
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• 2011

The coastal and offshore fishery to manage from a fishery permit system in our country at present seems to be a sign of lots problem, which are illegal fishing, a permit rent, non fishing vessel the purpose of vessel reduction, fishery compensation, tax exemption oil, the excessive occurrence of administrative cost due to differences during a period of a fishery permit. All the readjustment system for the permit has suggested an effective solution for a fishery permit management, the maintenance of a fishery order(the prevention of illegal fishery), the prevention of unused fishery, the entrance of new vessel in coastal fishery and it's system has prevent this problems in ahead. This paper has estimated an prevention convenience for an illegal spill of the tax exemption oil, actual effects of vessel reduction, the conservation of fishery resource for the future value and carried out an economic analysis to estimate compliance cost for the system introduction. Also, this study have analyzed throughly the coastal fishery situation and catched lots of issues on the management for the permit system. Especially, the problems improving the readjustment introduction for the permit have estimated the social and economic effects quantitatively and qualitatively with a calculated technique to classify various scenarios. This paper has judged correctly the term of validity for the permit to shorten as a result of the estimation and it will be to take the net convenience cost 1,655thousand million won. The results of this study have expect to provide a basic data to introduce the readjustment system for the permit.