어업허가의 우선순위에 관한 연구

Abstract

If any person make an application for the fisheries permit according to the legal procedure, except when he fall under the prohibition of the fisheries permit, in principle, the administrative authority must permit. but in case of application excess in the number of the permit, the fisheries permit shall be subject to priority of fisheries permit. The priority of fisheries permit were introduced in amended Fisheries Act of Aug. 1, 1990. In the amended Fisheries Act of Apr. 15. 1999, the priority of fisheries permit shall be determined by the administrative authorities which grant permit for the relevant fishery, in consideration of the given condition of fisheries etc. But most of administrative authorities which grant permit have no rules for the priority of fisheries permit. In our country, as the issue of new fisheries permit is regulated, the administrative authority in priority of fisheries permit is open to censure that bureaucratic self-righteousness and an abuse of the action of administrative is can be used. Accordingly, the aim of this study is supposed to show a reform measure of the priority of fisheries permit.