어업손실보상제도의 개선방안에 관한 연구

Abstract

The Constitutional laws of the Republic of Korea has guaranteed the property right of citizen and to define the infringement of property right by public needs and the compensation. So if there is a loss of fishing by the enforcement of public works, it should be compensated and Act on Acquisition of and Compensation for land, ETC. for Public Works Project, Fisheries Act, Public Waters Management and Reclamation Act and Inland Water Fisheries Act, ETC regulated about compensation of fishery loss.

However, the current fishery losses compensation system is causing confusion in its process and method because of the individual law could not ruled systematically. In other word, the problems of legal regulation such as fishery losses compensation outside of the public works project area, the conditional annexed to the fishing authorization, The remaining validity period and practical problems appear in the fishery loss compensation process such as the decision on the compensation object, the method of calculation of average anneal fish catches, the compensation in the case of no fishery record are caused conflict between promoter and fisherman, delay of compensation and public works and the increase in social costs.

In order to solve these problems, protect the fundamental right of property rights of citizen and promote the public interest by smooth progress of the public work, should be prescribed the standard of fishery loss compensation and its range more clearly and specifically and developed methods of amount of fishery losses survey and appraisal.

This research paper aims at drawing the problems of fishery loss compensation system focus on authorized fishery and proposing reasonable solution. I hope to help progressing smooth public works and protecting legitimate property right of citizen this research.