不法漁業에 대한 效率的 規制方案에 관한 硏究

A Study on the Device of Efficient Regulation of Illegal Fishing

Recently illegal fishing is being committed as a result of changes in the economic and social framework of Korea, and its mainly due to a reduction of marine living resources, lack of a law-abiding spirit and alienation between related laws and reality. This paper suggests improved methods to fight illegal fishing by revising or enacting fisheries-related laws in an attempt to continuously develop our nation's fisheries industry, by establishing fishing control and fundamentally detering illegal fishing. First, we should resist strongly against large-scale illegal fishing by considering methods of direct penalties for corporations that break the fishing laws. Second, directly related-acts with conservation and management of fishing resources need to be added and inserted into the confiscation act by revising to control illegal fishing because of the limits of the main acts of fisheries law. Third, it seems desirable to control horse power regulation in the light of actual fishing effort which was never enacted before. Fourth, the gap which exist between the law and reality concerning fishing grounds needs to be entirely amended. Fifth, the fishing management system which centers on fishing laws is very complicated. Therefore, the articles related to reproduction and conservation of fishing resources should be to transfer a fisheries resource protection decree. It also needs independent law reform. Sixth, if the illegal fishing is serious and clear, there should be strong and firm punishment. In addition there is a need to appeal to the public for help in preventing illegal fishing through active publicity and administrative guidance by changing their attitude towards illegal fishing. Seventh, we should form a group of specialized police, prosecutors and fishery supervision officers, and combine fishing inspection(patrol) boats and personnel under the Ministry of Maritime Affairs & Fisheries and National Maritime Police Agency and should give them a main mission(supervision rights) against illegal fishing in costal and offshore areas. In the case of demarcated and fishing boats for fishery rights the main responsibility should be given to the inspection officers, which belong to each local government such as city, province etc. By doing this, it is desirable to rebuild the organization by establishing dualism to control illegal fishing.