A Study on the Legal System of Compensation for Fishery Loss caused by Public Works

우리나라 어업손실 보상제도에 대한 정선방안 연구;-법제도를 중심으로-

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.