• Title/Summary/Keyword: Fishing rights

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A Case Study on the Distribution of Compensation for Fishery Loss due to the Damage of Fishing Rights (어업권 피해로 인한 손실보상금의 분배에 관한 사례연구)

  • Kim, Cheol-Su
    • 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.

A Study on Accounting for Fishery Right (어업권 회계에 관한 연구)

  • 정준수;김태용
    • The Journal of Fisheries Business Administration
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    • v.11 no.1_2
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    • pp.115-155
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    • 1980
  • Nowadays managers of fisheries enterprises and users of accounting information have a considerable interest in the fishery right. The fishery right, which is given by administrative quarters, is referred to exclusive fishing right in a certain coastal fishing ground, and it has been one of the property rights since the turn of the century. The main purpose of this study is to provide an improved accounting method of the fishery right from the side of accounting. To achieve this purpose, legal nature of the fishery right should be understood in the first place, for the fishery right, an intangible asset, is a sort of property right guaranteed by the fisheries laws, According to the basic law in the fisheries "Fisheries Law, " the fishery right is broken down largely into three categories; culture fishing right, set fishing right and common fishing right. The legal characteristics of these fishery rights are as followings: 1. The fishery right is a private right. 2. The fishery right is a property right. 3. The fishery right is a right in rem, and legal provisions pertaining to land are applied to the fishery right with necessary modifications. In addition to the above fishery rights, the Fisheries Law provides some provisions on the so-called entrance right, and those who obtained the right are authorized to access to a certain common fishing right fishing ground where they have been traditionally fishing. In the inland fisheries, the fishery right system similar to that of the coastal fisheries discussed above is adopted in conformity with the Inland Fisheries Developing and Expediting Law. Viewing from an angle of accounting, there are two kinds of additional fishing rights which are dealt as assets. These fishery rights dealt as asset include the license of entry in the so-called permitted fishing which is also called as fishery right in plain language, and tile entrance right obtained abroad. Although these two kinds of rights are not the fishery right from a viewpoint of law, they are regarded as fishing rights in accounting which intends to provide a useful economic information.formation.

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A Study on Relationship between Fishing Rights Conflict and Fisheries Cooperatives Establishment in Tongyeong during the Period of Japanese Colonial Rule (일제강점기의 통영인근지역 어업권 분쟁과 어업·수산업관련 협동조합 설립에 대한 역사적 고찰)

  • Lee, Dong-Ho
    • The Journal of Fisheries Business Administration
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    • v.46 no.1
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    • pp.41-62
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    • 2015
  • Though the debate of the establishment time, place and characteristic of the first fisheries cooperatives in Korea has been existed, it is clear that they had been established in the neighborhood of Tongyeong during the period of Japanese colonial rule. But the objective, motive and historical background of the first fisheries cooperatives are still slightly vague. To explain and explore that of fisheries cooperatives, over 1,000 articles of media, about 100 document of the Japanese government-general of Korea and the annals of the Joseon dynasty, many of research paper and others were included and refined. Through the result of that process, three core factors were founded that affect both the emergence of fisheries cooperatives and relationship of the them. The first one is about the royal family's fishing area where in the neighborhood of Tongyeong. The next one is Kentaro Kashii who was called king or devil of the Korean fisheries industry and the last one is fishermen and their organizations including fisheries cooperatives. Some of the above and the fishing rights conflict that make a guidance for understanding them has not been clearly mentioned. The result of this study shows that the birth of the first fisheries cooperatives were caused by not only the Japanese government-general of Korea but mainly Korean fishermen's voluntary activity and free will against fishing rights conflict between them. And both of the first fisheries cooperatives had somewhat difference in their constitution of organization and their characteristics but it was a tragic irony that the more exploitation and despoliation were conducted by Japanese government-general and Japanese capitalist the more movement and activity of Korean were frequently and severely occurred. Even though the findings and results of this study would be a proof and helpful material for understanding the establishment and their activity of fisheries cooperatives in Tongyeong, more research and contribution would be need by members of fisheries academic and business world.

A Study on the Utilizing System of Aquaculture Farms in Japan (일본의 양식어장 이용제도에 관한 연구 -구획어업권을 중심으로-)

  • Song, Jung-Hun
    • The Journal of Fisheries Business Administration
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    • v.41 no.1
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    • pp.53-72
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    • 2010
  • The objects of this study are to consider the current features and the development process of the utilizing system of aquaculture farms in Japan, and to suggest the theoretical basis for improvement of aquaculture system of Korea in the future through the analysis of background of the liberalization theory proposed recently. The aquaculture-fishery system of Japan was begun from the Meiji Era Fishery Act and New Fishery Act of the World war II. A small sum of fishery fee is paid to the fishery cooperative having fishing rights for securing fishing area newly, because the aquaculture of Japan belong to fishery cooperative not individual ownership of union membr of cooperative society, the other words, cultivation fisheries household. In case of Korea, there are several differences with Japan as follows; almost cultivation fisheries household has a individual license, the lisence of fishing rights are recognized as an article, the license of fishing lights are able to do sale. Therefore, it is needed to paid a lots of money for securing fishing area newly. On the other hand, advanced countries in the marine aquaculture such as Norway have reached the stage where the managing abilities of marine aquaculture are similar to those in the manufacturing industry. And the number of large scale aquaculture farms with developed technologies and advanced marketing strategies in those countries is increasing. Considering that the marine aquaculture in Japan under the similar fishery systems of Korea has developed the state-of-the-art management skills or lead to large scale management, it is difficult to expect the decrease in the production costs under the small scale family business in Korea and this will lead to the decreasing competitive advantage over the imported seafood. Therefore marine aquaculture in Korea needs to increase the economy of scale to acquire the competitive advantage.

An Empirical Study to Estimate Fisheries Productivity Using a Statistical Application (어업생산성 추정을 위한 통계적 응용에 관한 실증 연구)

  • 김원재
    • The Journal of Fisheries Business Administration
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    • v.23 no.2
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    • pp.91-99
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    • 1992
  • It has been one of the critical issues that the researchers properly evaluate the fishing rights foregone by the coastal development activities like wetland reclamation. Particularly, estimating the productivity of concerned fishing rights is known to play a significant role in their monetary compensation. As a result, this paper attempts to develop a statistical model characterized by Cobb-Douglas production function in conjunction with the fisheries' productivity estimation. The primary hypotheses involving their statistical production function are as below : 1. The quantity of fisheries production is hypothesized to be expressed as a function of capital (K) and labor(L) put into fishing activities. 2. The estimated parameters of K and L are hypothesized to satisfy the conventional condition of production function as a form of Cobb-Douglas. These statistical tests reveal that the shellfish farming productivity heavily depends on the acre of mariculture while the input of labor force also considerably affects its productivity. In case of the fixed net fishing productivity, both the factors of capital and labor similarly affect the marginal change in its productivity. En addition, the productivity of shellfish (arming turns out to follow the increasing returns to scale, whereas that of fixed net fishing comes up with the decreasing returns to scale.

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The Research on the Fish Aquiculture Structure of Fishing Community (어촌계 가두리 양식어장의 행사실태분석을 통한 정책방향 고찰)

  • Ock, Young-Soo
    • The Journal of Fisheries Business Administration
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    • v.36 no.2 s.68
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    • pp.25-52
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    • 2005
  • Since late 1990's, the Fish Aquiculture Households belong Fishing Community have been faced very serious pressure of management. The surface factors of this situation have been understood to overproduction and too much imports from China, but basic factor was caused structural problem, that is considered small scale production system. Then, We should enlarge scale of the Fish Aquiculture Households belong Fishing Community to overcoming profitability aggravation. To the Enlargement of Scale, We should consider to change the regime of Fishing Community that means two practical programs. First, it need to enlarge the scale of Fishing Community than now, and Second, it need to incorporate the Fishing Community for exclusive Management of Fish Aquiculture Rights.

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A Research Study on the Level of Satisfaction with the Farming and Fishing Village Housing Improvement Projects (농어촌주택개량사업 만족도 조사 연구)

  • Park, Heon-Choon;Kim, Seung-Keun
    • Journal of the Korean Institute of Rural Architecture
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    • v.16 no.4
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    • pp.91-98
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    • 2014
  • In this study, the current conditions of the farming and fishing village housing improvement projects that were promoted for the last five years were examined, the results of the survey conducted among the promoters of the farming and fishing village housing improvement projects with regard to their level of satisfaction were analyzed, and the outcomes of the housing improvement projects and the improvement needs were derived for utilization as basic data for preparing an improvement plan for "the farming and fishing village housing improvement projects". Below are the results of this study and the proposals based on such. In view of the reality that the recipients of the farming and fishing village housing improvement projects are limited to the rural residents who are able to repay their loans, ways of actualizing the current loan limit of 60 million won should be prepared, taking into account the actual construction cost. Moreover, as the rural residents do not live on monthly salaries, the repayment periods of their loans should be adjusted to make them payable on a quarterly or a semi-annual basis, reflecting the reality of the farming villages, where loan repayment is based on the residents' yearly income. Further, policies guaranteeing the residential rights of those belonging to the low-income bracket who are unable to repay their loans must be established at the soonest possible time. In view of the realities in the farming villages, where there are 640,000 houses that are over 31 years old, the supply of 10,000 houses as part of the housing improvement projects is grossly inadequate. Of course, it cannot be said that all the residents who are living in worn-out houses have the necessary conditions for receiving support from the housing improvement fund. Therefore, policies supporting the speedy improvement of worn-out houses and guaranteeing the residential rights of those belonging to the low-income bracket are urgently needed.

A Study on the Status of Chinese Fishing in the East Sea off North Korea and Directions for Countermeasures (중국 어선의 북한 동해수역 입어동향과 대응방향)

  • Lee, Jung-Sam;Ryu, Jeong-Gon;Kee, Hae-Kyung
    • The Journal of Fisheries Business Administration
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    • v.48 no.3
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    • pp.61-74
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    • 2017
  • This study is aimed to analyze the change of chinese fishing vessels' entry into the East Sea off North Korea and suggest directions for countermeasures. Based on the real landing data in China, Chinese fishing vessels' squid catch volume and value in the East Sea off North Korea are estimated. Results show that at least 205 thousand tons of squid was caught by Chinese fishing vessels in 2014. If the catch amount is calculated by the unit price per kilogram at the same year in Korea, it would be 556.3 billion KRW. As the UN sanctions become stricter with the recent resolution 2371 passed, Chinese fishing vessels' entry may increase in the future to compensate decreased seafood supply from North Korea. Even though there are not many options left for Korea to decrease the impact of Chinese depletive fishing, the study suggests countermeasures such as strengthening cooperative crack down on the Chinese illegal fishing vessels in Korean waters; increasing cooperation with UN member countries to incorporate banning the trade of fishing rights in the next UN sanctions; establishing regional fisheries management organization and managing migratory species with China and Japan cooperatively in the long term.

A Study on International Disputes with Korean Distant-Water Sea Fisheries (한국의 원양어업관련 국제분쟁 사례연구)

  • 김민종
    • The Journal of Fisheries Business Administration
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    • v.34 no.1
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    • pp.69-85
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    • 2003
  • The primary objective of this thesis is to study, case by case, the international disputes for fishing rights between fishing nations and costal states never imagined till the introduction of the UN Convention on the Law of the Sea adopted in 1982 and came into effect in November 16, 1994, which governs the high seas and EEZ in a new manner. Such a study is to provide help in the understanding on this new marine system and how to deal with. This is addressed by the perspectives of disputes (a) in the high seas between fishing nations having traditionally enjoyed the principle of the freedom of the high seas and costal states, (b) in the EEZ between fishing nations and costal states possessing the exclusive jurisdiction over living marine resources and sovereign rights for determining allowable catch and the surplus in its EEZ. The article can be divided into four main parts. First, both the general principles of the settlement of international disputes, and the nature and procedures described in the UNCLOS are introduced. Second, it gives cases of tuna long-liner, North Pacific trawler and squid jigger occurred in the coastal states EEZ, and analyses the problem in both terms of its background and final judgment. It further describes the possible issues in case it depends on the International Tribunal for the Law of the Sea for its settlement. Third, closely tied to above, important points such as the right of hot pursuit, prompt release of vessel and crew, and the limits of cooperation with costal states inspector on board fishing vessels are considered mostly based on the UNCLOS, Bilateral Agreement and UNIA. Finally, the article concludes as follows ; The need for broad analyses on the nature of international suits and legal system for the settlement, to win the case before the International Tribunal for the Law of the Sea or coastal states court, is really acknowledged. However, considering the lack of previous studies about it, it is preferably recommended that governmental efforts for making legal standards to cover the judicial costs, for helping industry out of becoming bankrupt.

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