어업손실보상제도의 문제점과 개선방안에 대한 연구

Abstract

The Fishery Compensation can be defined as “an Accommodative Compensation to fishermen in terms of property rights guarantees and equality in front of the public burden, when a special sacrifice to fishery occurs due to the legitimate exercise public authority carried out in accordance with the public necessity.” Therefore, the Fishery Compensation System due to the Public Works should be established in a way that reconcile the values of people (fishermen)’s property rights guarantees with the values of equality in front of the public burden. However, Korea's current Fishery Compensation System has considerable problems. In particular, Enforcement Decree of Fisheries Law <Attached table 4> which can be called 'General rules on Fishery Compensation' poses considerable problem. For example, the judgment of ‘the limited degree’ in the calculation of limiting losses, the judgment of the fishery damage investigation agencies on the range and the degree of damage would be made arbitrarily. And problems that applying the annual interest of 12% in calculating amount for losses due to cancellation of fishery licenses are leave a room for an excessive compensation or under compensation. In addition, the Fishery Compensation System has considerable controversy in the verification of the investigation report, compensating for fishery damage outside of the public service enforcement area, political compensation in terms of the livelihood compensation, etc. As a result, these problems and controversies led to conflict between fishermen and the project operator. And it cause considerable obstacle to smooth enforcement as well as complaints. In addition, these problems are caused an under compensation or excessive compensation. An under compensation is caused an excessive restriction on the property, thereby it violates the Constitutional principle of ‘Just Compensation’, and an excessive compensation is caused waste the taxpayer’s precious money, thereby it violates the public interests. Therefore, the Fishery Compensation System should be improved in a way that reconcile the values of people (fishermen)’s property rights guarantees with the values of equality in front of the public burden. Especially, above all, we should introduce the calculation methods considering the remaining validity period, and we should not neglect the efforts for the livelihood compensation. It also needs to be guarantee objectivity and fairness of the fishery damage investigation through the introduction of supervision system and the investigation manual.