공익사업에 따른 수협 위판수수료 손실보상에 관한 연구

Abstract

A Study on the Compensation for Loss of the Consignment Sales' Commission of the Fisheries Cooperatives in association with Public Services

Tae Woo BAN

Department of Marine Biology, Graduate School Pukyong National University

Abstract

Licensed or permitted fishery related with implementing public projects has basis for reasonable compensation for fishermen, for which methods and criteria are regulated in "Fisheries Act" or "Land Compensation Act". However there is no clear criteria on the compensation for loss of the consignment sale's commission of the fisheries cooperatives caused by the production decrease in the licensed or permitted fishery. Accordingly, this study was conducted to discuss on clear criteria and detailed methods to adjust the loss compensation among the concerned. The consignment sales of the fisheries cooperatives can be regarded as sales activities. According to acts regulating compensations of sales loss, the extent of the loss of sales source is critical factor in determining the compensation. With that considered, the study proposed that the reduced value of the fishery production can be applied to decide the extent of the loss of the sales source. In case that the extent of the loss caused by a public project is greater than a certain criteria, the loss of the consignment sales' commission should be compensated, raising the necessity to make a law to be basis for the compensation. For this, the study proposes the following three methodologies. First, fishery damage reports released by authorized organizations, second, consignment sales revenue and finally, fishery data released at the close of the public project can be basis for the compensation. Those basis are also suggested to be reasonably applied in consideration of the type of project and data confidence.