The production of marine fisheries has gradually decreased. In this context, the Licenses for Limited Fishery Business system was established on December 30, 1995, to increase fishermen's income and improve fishery productivity in areas where national...
The production of marine fisheries has gradually decreased. In this context, the Licenses for Limited Fishery Business system was established on December 30, 1995, to increase fishermen's income and improve fishery productivity in areas where national public interest projects have been completed or confirmed or where idle waters due to delays in starting or prolonged periods of public interest projects. This study aims to help understand Licenses for Limited Fishery Business by identifying the classification and characteristics of fisheries and then examining the its purpose and definition. At the end of 2023, the administration action for the licenses accounted for a total of 1,130 cases; among them, approximately 79.02% (893 cases) were issued on the cases on the West Coast of Korea, which indicates that the projects using shared waters have been magnitudely carried out on the West Coast. Limited licenses have been issued for partial damage compensation areas regardless of the degree of damage from the project.
The study proposes the following improvements: First, reconsider the partially damaged waters in the disposition of Licenses for Limited Fishing Business; Second, for areas with canceled compensation, establish the principle that license disposal should be issued on fisheries waters without capital investment, such as village fisheries. If were, a reasonable compensation should be carried out under Article 52 of the Enforcement Rules of the Act on Acquisition of and Compensation for Land; Third, to establish a rational management system for Licenses for Limited Fishery Business, specific standards and principles for these licenses should be included in the fishery utilization development plans as stipulated in Article 4 of the Fisheries Act.
Administrative conditions refer to subsidiary rules attached to the main action to limit its effect, impose special obligations, or supplement requirements, i.e., stipulations added to limit the effect or occurrence of a legal action. Fishery business under Restrictions is regulated by Article 12 of the Fisheries Act, which allows mayors, county governors, and district heads to impose restrictions or conditions on fishery licenses when necessary for fishery adjustments or under any of the cases listed in Article 33, Paragraph 1, Items 1 to 7.
The restrictions of Fishery business under Restrictions took effect after the Supreme Court ruled on June 22, 1993, that "the condition of waiving the right to claim fishery compensation is valid" (Supreme Court Case No. 93Da17010). Following a 1996 audit by the Board of Audit and Inspection of public institutions, issues regarding compensation for restricted fishery rights were pointed out, leading to the cessation of compensation payments for such rights due to various public interest projects in 1997.
Since then, problems have persisted concerning the restriction of fishing activities within public interest project zones and waiving compensation claims for fishery damage. Frequent issues arise with the condition of waiving compensation for fishery damage.
For the issues of waiving the right to claim fishery compensation, this study proposes the following improvements: first, conditions without discretion and legal grounds are invalid, and necessary conditions require explicit legal provisions. Second, instead of making unreasonable dispositions like reserving withdrawal rights or waiving compensation, the basic guidelines for development plans stipulated by the Minister of Oceans and Fisheries under Article 4 of the Fisheries Act should be followed, which includes investigating the location and area of necessary waters and reporting them to the relevant local authorities for public announcement and notification. Third, conditions without legal grounds for reporting fisheries are invalid, and when imposing conditions, fairness with existing fishery rights should be carefully considered, establishing clear criteria and procedures understandable to all. Fourth, for public interest projects using shared waters, the plan should actively review and implement the disposition of Licenses for Limited Fishery Business under Article 15 of the Fisheries Act instead of canceling fishery rights and waiving compensation.
These proposed improvements stem from the author's practical experiences. The author believes that "balance and common sense" are essential skills in handling fishery compensation tasks. The author hopes that these improvements will clarify partial damage compensation areas and canceled compensation areas, reduce groundless conditions, and significantly decrease disputes and civil complaints, leading to fair compensation and smooth project implementation. Consequently, fishermen engaged in their livelihoods, managing authorities of shared waters, and project implementers using shared waters will be able to predict the scope and costs of compensation more accurately. This improvement can give us better results in time and cost savings, ensuring that none of the parties (management authorities, project implementers, or fishermen) suffer unilateral damage or are forced to make sacrifices. It emphasizes that this is a measure that ensures efficient use of national resources and sustainable development of the fishery industry.
It is anticipated that this study can give rise to active discussions concerning the improvements to Licenses for Limited Fishery Business and Fishery Business under Restrictions and that the study can contribute to achieving the objectives of the Fisheries Act, which aims for the comprehensive utilization and sustainable development of fishery resources and waters, improving the quality of life for the people and balanced national economic development.