• 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.

• 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.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.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.42 no.5
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• pp.494-502
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• 2009

A quantitative model was developed in order to estimate fishery production damage due to anthropogenically induced environmental changes. The model is described in the following equation, $Y_D=\frac{{\phi}_D}{{\phi}_G}[Y_0{\cdot}(t_p-t_0)-\frac{Y_0}{{\phi}_G}(1-e^{-{\phi}_G(t_p-t_0)})]$, where, $Y_D$ is annual amount of fishery production by nuclear power plant. ${\varphi}$ D and ${\varphi}$ G are instantaneous decreasing coefficient of fishery production by nuclear power plant and instantaneous decreasing coefficient of gross fishery production, respectively. $Y_0$ is annual mean fishery production without damages. $t_p$ is the present time, and $t_0$ is the starting time of damages. The model was applied to fishing grounds near a nuclear power plant on the east coast of Korea. Since fishery production damages have become bigger with increasing emission of thermal effluents from generators activities in the power plant, this factor has also been considered as, $\delta_{D_i}=\delta_D\({\sum}\limits_{i=0}^{n}\;W_i/W_T\)$, where, $\delta_{Di}$ is the cumulative damage rate in fishery production from generators, $\delta_D$ is the total cumulative damage rate in fishery production, $W_i$ is the emission amount of thermal effluents by generator i, and n is the number of generators in the nuclear power plant. This model can be used to conduct initial estimates of fishery production damages, before more detailed assessments are undertaken.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.5
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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.

• 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.27 no.2
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• pp.65-82
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• 1996

This study aims to investigate the development of the stow-net fishery operated in East China Sea and Yellow Sea and its role in the off-shore demersal fishery In Korea after 1980's. This paper also reorganization problems of this fishery under 200 mile exclusive economic zen system. Stow-net fishery which has an important role in offshore demersal fishery in terms of the fish production and supplies had attained an rapid growth since 1960's throughout advancement of the fishing technique, government support and enlargement of fish market. However, the production had come to a stagnant stage since 1980, and even reduced in 1990's by reason of competition from Chinese vessels which have been developing reapidly as well as other more productive demersal fishery such as trawl of Korea. Nevertheless, high fish price has maintained the business of this fishery. This fishery faces some difficulties such as limited resources, the plunge of fish price due to fish import freedom, and 200 mile EEZ settlement in those Seas among the related countries ratifying the United Nations Convention of the Law of the Sea in 1996. This paper discusses the reorganization problems of the stow-net fishery under the new situation. : (1)to lighten a damage to the fishery to keep the fishing ground and to restrict the entry of competitive fisheries, (2)to reduce the fishing effort by the governmental support, (3)to introduce new fishing methods, (4)to employ foreigner as a cheep labour, (5)to rise fish price throughout more freshness of fishes.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.36 no.4
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• pp.402-408
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• 2003

A quantitative method was suggested for estimating damages in fishery production due to the diffusion and deposition of suspended silt and clay by various construction processes in tidal flat fishing grounds. Marine populations are maintained through the process of spawning, growth, recruitment, natural death and death by fishing each year. All of the year classes of the population in a fishery ground could be affected when damages occur by human activities such as land filling or reclamation. The propose of this study is to calculate damages in terms of fishery production using a quantitative population dynamic method. If the maximum age in the population is $X_\lambda,$ the starting year of damage is $t_s,$ and the ending year of damage is $t_e,$ the number of year classes damaged is $t_{s-n\lambda}-t_e,$ Many year classes present in the year $t_s,$ and so if damages occur, they Influence all the year classes which are present in the population. Damaged year classes in year $t_e$ would still be in the population until the year $t_{e+n\lambda}$, where $n_{\lambda}$ is the oldest age class. If the expected yield of a year class is constant, the total yield from year classes in the fishing ground during the construction periods can be calculated as follows: $Y_\Phi=[(t_e-t_s+1)+n_c]{\cdot}Y_E+\sum\limits^{n_\lambda-n_c}_{l=1}\;\sum\limits^{n_\lambda-n_c}_{l=i}\;Y_{n_c+i}$ This method was applied for damage estimation in the production of Ruditapes philippinarum in a tidal flat fishing ground.

• 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.

• Journal of the Korean Professional Engineers Association
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• v.43 no.1
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• pp.46-49
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• 2010

Sea temperature rise by global warming, depletion of fishery resources and ocean pollution have caused unusual population explosion of the jellyfish, The blooming of jellyfish have brought social problem and economic damage, Therefore the interdisciplinary study of jellyfish by scientists and countermeasure are needed.