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A Study on Compensation for Fisheries Damages relief Institutional Improvement program Caused HEBEI SPIRIT Oil Spills

  • Korea Real Estate Review
  • 2011, 21(2), pp.89-123
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

최장훈 1

1전남대학교

Accredited

ABSTRACT

This study aims to analyze the salvage systems for the current oil pollution with oil spillage incident and suggest an improved method to find a fishery damage relief method from the reason for the lower reparation and compensation rates and the long time for the compensation and was investigated by comparing and contrasting domestic and international oil spillage incidents and their compensation cases to find why the rate of compensation is low, which was suggested in an effective damage relief solution. In this study, the reason for the current low rate of compensation for the fishers from the oil pollution in Korea, compared to the other countries, was analyzed to be the following. The damages from the oil pollutions were not scientifically proven. Therefore, the lack of objectivity in the fishery income data could not prove the damages rationally. In addition, in the future cases of damages from oil spills, the improved methods to quickly, reasonably and efficiently resolve the compensation issues are shown below. First, Standardization and systematization of fishery damage investigation. The fishery damage investigation is an important factor that can affect the livelihood and the life of the fishers. Therefore, a standard of the fishery damage investigation should be established systematically to ensure the objectivity of the damage assessment. Second, Application of the fishery loss evaluation related rules of the marine regulations within the oil pollution damage compensation guarantee law. Third, there are four methods to save the damages from the environment pollution: self- effort, public law, judicial and private method.

Citation status

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