漁業損失補償制度에 관한 比較法的 硏究

A comparative study on the compensation system for fishery loss

&nbsp;&nbsp;The compensation system for fishery loss should be now properly changed and improved in the case of public service performed in coastal waters.<BR>&nbsp;&nbsp;The need for a reform of the compensation system for fishery loss is attributed to lots of problems related to the compensation system under the current laws and regulations. First of all, it is hard for a surveyor to collect objective data from fishermen with respect to the compensation for fishery loss. In this situation, some fishermen made and presented false accounts and data so as to take excessive compensation. So, the excessive and inefficient compensation has been recently made for fishery loss.<BR>&nbsp;&nbsp;In fact, clear and objective estimation of fishery loss is difficult under the present law system without fisherman`s cooperation. If the fisherman were dissatisfied at the compensation for fishery loss, the fisherman will demonstrate against the public service or in the place of public works.<BR>&nbsp;&nbsp;Some suggestions of improvements of the compensation system for fishery loss were made as follows.<BR>&nbsp;&nbsp;First of all, a special law on compensation for fishery loss should be rapidly made. Secondly, the compensation for fishery loss should be proper in comparison to that under other laws and regulations in respect to the public service. It is desirable that the compensation for fishery loss should be individually made. Each fisherman should get a compensation on the basis of the fishery. The agreement between a person who is responsible for the public service and a representative of fishermen should be prohibited concerning the compensation for fishery loss. In addition, the compensation for illegal fishery should not be made in any case.<BR>&nbsp;&nbsp;Thirdly, it is necessary to improve the present system in order to obtain objective data on fishery loss. Therefore, the relevant laws and regulations about maintenance of objective data should be properly amended. In addition, the costs of survey and appraisal of fishery loss should be quickly standardized; a surveyor&quot;s specialty on fishery loss should be secured.<BR>&nbsp;&nbsp;Fourthly, a deep study should be made on a specific condition annexed to the fishery. The effect of the specific condition annexed to the fishery by an appropriate administrative agency should be carefully analyzed and reviewed.<BR>The specific condition annexed to the fishery prohibits the fishermen from being compensated for fishery loss, so the effect of the specific condition should be limited in some cases.<BR>&nbsp;&nbsp;In conclusion, it is necessary to reform the present compensation system for fishery loss in order to diminish disorder and disturbance occurred in the process of performing the public service. The fair and rational compensation for fishery loss should be made through either the amendment or the enactment of the relevant law and regulation.