• 수산경영론집
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• 제37권1호
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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.

• 수산경영론집
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• 제55권1호
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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.

• 수산경영론집
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• 제42권3호
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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.

• 수산경영론집
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• 제37권3호
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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.

• 수산경영론집
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• 제49권4호
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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.

• 수산경영론집
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• 제31권2호
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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.

• 수산해양교육연구
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• 제26권5호
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• pp.1044-1057
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• 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
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• 제42권2호
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• pp.31-45
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• 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.

• 한국해양환경ㆍ에너지학회지
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• 제12권2호
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• pp.104-110
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• 2009

본 연구는 국내 외 유류오염사고 발생시 피해자에 대한 충분한 보상방법이 강구되어야 한다는 관점에서 유류오염방지법제의 개선 발전방향을 제시하고 선주책임상호 보험조합(P&I Club)과 국제기금(lOPC Fund)으로부터 피해배상 보상을 받기 위한 제도적인 면을 살펴보고, 주요 유류오염 사고의 손해배상 보상 관련 쟁점을 조사 분석하여 손해배상을 최대한 보장할 수 있는 방안을 연구하였다. 그리고 기름유출 규모별 지원체계와 복구방안 유류오염손해 배상 보상청구에 있어서 개선방안 및 정책대안을 제시하고자 한다. 첫째, 현행의 유류오염손해배상보장법은 유류오염피해보상법으로 이행되어야 한다. 따라서 그 구체적인 내용도 책임한도액의 인상 및 책임 주체와 적용 범위의 확대 등을 통하여 피해구제에 철저하여야 할 것이다. 둘째, 외국에서 발생한 사고와 비교하여 같은 종류, 같은 규모의 사고임에도 불구하고 너무나 현격한 차이의 손해가 발생하면 국제적인 손해보상주체로부터 완전한 보상을 받는데 상당한 어려움이 있기 때문에 피해를 최소화할 수 있는 국가긴급방제능력을 갖추어야한다. 셋째, 책임주체를 확정하고 책임의 성질은 무과실책임으로 하며 선박소유자의 책임한도를 초과하는 손해도 보상 할 수 있는 법적 장치를 마련하여야 한다. 끝으로 법정책적으로 해양오염손해에 배상 보상을 촉진하기 위하여 피해자측은 평소 객관적인 소득자료를 구비해 놓아야 한다. 정부측에서는 피해조사에 공적기관으로서 적극적으로 참관하는 방안을 검토하여야 할 것이며 어업관련 통계자료의 정확성을 확보함으로써 손해액 산정이 용이하도록 노력하여야 할 것이다. 나아가 전문적인 해사중재기구를 창설함으로써 중재를 통하여 신속히 오염손해를 보상받을 수 있는 방안을 연구하여야한다.