• 수산경영론집
• /
• 제31권2호
• /
• pp.133-153
• /
• 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.

• 수산경영론집
• /
• 제31권2호
• /
• pp.11-26
• /
• 2000

The study tries to extend the Kang and Kim's model(1997) for evaluating fisheries damages caused by a large scale coastal reclamation. The paper tries to suggest a more generalized model by adopting new applicable variables such as the decreasing rate of production quantity amount and decreasing numbers of variables for simplification and derivation of quantative results. The paper also tries to suggest the decision model for fisheries administrative measures on the basis of the degree of damages.

• 수산경영론집
• /
• 제34권1호
• /
• pp.9-30
• /
• 2003

This paper tries to suggest a rational proposal for the distribution of compensation of common property fisheries damages caused by a large scale coastal reclamation. For the purpose the paper introduces the approach of alternative cost of the use of fishing ground. The background of the paper is the legal conflict between tenants and non-tenants, both of whom are common owners of seaweed cultivation ground, in the distribution of compensation for damages. In principal, so far as the seaweed cultivation right is a common property of the fishing association, the compensation is also a common property of it. Therefore the distribution method of the compensation entirely depends on the decision of the association. But in case that the numbers of non-tenants is larger than those of tenants, the distribution of the compensation is usually unfavorable to the tenants even though the latter is the key contributor to the realization of present value of the common property. The paper aims to show an appropriate distribution method based on the economic principle of optimal distribution. In others words, the value added to the economic value of alternative use of the fishing ground should be distributed to the tenants. the value amount of alternative use of the fishing ground should be equally distributed to the members of the association.

• 수산경영론집
• /
• 제44권2호
• /
• pp.1-17
• /
• 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.

• 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.

• 수산경영론집
• /
• 제25권1호
• /
• pp.1-17
• /
• 1994

Coastal economic activities usually generate externalities to other economic activities. The conflicts between coastal economic activities, especially land fillings and reclamations, and fisheries in coastal waters pose a typical one, which sometimes causes some social conflicts. In this regard, as the contents and requirements for rules and regulations on fisheries compensation may have important implications for solving such problems, important is to review rationales fur the formulas in calculating fisheries compensation. The purpose of this paper is to review the formulas for fisheries compensation from the economic view points, to highlight some problems and to suggest more appropriate formulas. It is found that the current formulas of fisheries compensation are not properly based on economic concepts and valuation techniques. Main problems are related, as followings, to the coefficient(0.8) employed in the formula, to fishermen's own wages and to current values of invested assets such as fishing boats and nets, etc.. First, it is not clear what the coefficient(0, 8) means. In Japan's case, the coefficient was assumed to reflect the opportunity cost of fishermen's own wages, but it was disappeared from the formula after the self-wage came to be included in totaling fishing cost. As our new formula will include the self-wage in fishing cost, the coefficient(0.8) should be excluded. Second, according to our formula, the current value of invested assets is added to total operating compensation, which will overestimate total compensation. Therefore, it is suggested that total present value of the assets to be invested during the business life should be deducted from total operating compensation. Third, as the self-wage will be included in total cost, opportunity cost for finding new jobs should be newly added to the formula. Finally, this paper also conducted a comparative case study considering above-mentioned factors. The case study showed that the current formulas overestimated total fisheries compensation.

• 수산경영론집
• /
• 제25권2호
• /
• pp.59-87
• /
• 1994

While overall input of oil into the sea has actually declined over the years 1975-92, major spills have regularly occurred in certain locations which have had serious effects upon local environments and hence caused public outcry. The purpose of this paper is to suggest the scheme for maximizing the compensation for oil pollution, which can be adopted in Korea, by analysing the mandatory 1969 Civil Liability Convention(CLC), the 1971 Fund Convention and two voluntary schemes (TOVALOP andCRISTAL). The paper examines the major subjects which are as follows : major pollution incidents and international response, the present situation of oil pollution in Korea, the role of flag of convenience tankers in oil pollution, the mode of oil pollution damages and tanker owner's liability, international compensation system fer oil pollution, Korean compensation system for oil pollution damage, and its problems to be tackled.

• 수산경영론집
• /
• 제45권1호
• /
• pp.1-16
• /
• 2014

The study attempts to show that the theory of critical environmental variation quantum(CEVQ) has a sound logical basis and empirical support. It is well known that the theory of critical environmental variation quantum is derived from the theory of biological probability distibution function and the central limit theorem(CLT) in statistics. The study uses the case study of fisheries damages compensation caused br the public marine construction undertaken in the area do Anjeong Bay in the city of Tongyeong for empirical test of theory of CEVQ. The results shows that the CEVQ theory perfoms a good job in measuring quantatively fjsheries damages caused by outflow of cold water due to the operation of LNG company since 2002. Therefore the study proves that the CEVQ theory is a good theory having internal consistency and empirical applicability.

• 수산경영론집
• /
• 제42권1호
• /
• pp.19-35
• /
• 2011

This paper tries to show the appropriate estimation method of oil pollution damage for mariculture fisheries. The International Oil Pollution Fund 1992(also known as the IOPC Fund 1992) has made up the Claims Manual to assist claimants by giving a general overview of the Fund's obligation to pay compensation. Section III of the Manual provides more specific information to assist claimants in presenting their claims concerning about economic losses in the fisheries, mariculture and fish processing sectors. The paper tries to suggest reform proposals for current etimation method of damages of maricluture fisheries contaminated by oil spillover using the population biology of living resources charaterized with age distribution.

• 해양환경안전학회지
• /
• 제11권1호
• /
• pp.61-70
• /
• 2005

해난사고에 의한 유류오염 피해가 발생할 경우 가장 큰 영향을 받는 분야는 해양 생태계 파괴에 따른 어업 피해라고 할 수 있는데, 지금까지 국내 유류오염사고에 대한 국제기금의 어업피해 보상율은 피해 청구액 대비 $20\%$내외로 인접국이나 유럽 국가에 비해 현저히 낮은 보상 수준에 머물고 있다. 이처럼 국제 기금의 피해 보상율이 낮은 이유는 국내 어업 여건상 국제기금에서 요구하는 오염 피해 입증 자료를 확보하기가 쉽지 않기 때문으로 향후에도 국내 어업의 여건이 획기적으로 변화하지 않을 경우, 현행 제도로는 현실적인 피해 보상이 실현되기가 어렵다는 것이 지금까지 유류오염사고 피해보상 결과에서 나타나고 있다. 본 연구는 최근 IMO에서 채택한 대형 유류오염사고에 대한 피해보상방안으로, 보상기준은 기존의 협약을 그대로 적용시키되 유류오염 피해보상한도 금액만을 크게 확대시킨 C8%협약 가입에 따른 실익을 파악하고자 지금까지 국내 유류오염사고에 대한 국제기금의 피해보상 실태와 최근 대법원의 판결로 최종 완료된 제5금동호 오염사고에 대한 피해보상 판결내용을 분석하여 유류오염피해 보상체제 보완의 필요성을 고찰하였다.