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비주얼

Major Business

  • Major Business
  • Compensation-Consignment
  • Compensation for Fisheries

Compensation for Fisheries

Do you require compensation-consignment in relation to fisheries?

REB will solve the issue as a national public agency equipped with a wealth of expertise and public credibility.

Introduction of work

REB has established the Fishery Compensation Division to handle fishery compensation work including compensation for fishery losses.

Fishery compensation procedure

Fishery compensation procedure Image
  • 사전환경성 조사기관: 사전환경성 조사 및 검토(해양 및 어업분야)-환경정책기본법 공유수면매립법
  • 기본 계획 수립 고시-기본조사 실시
  • 환경영향 평가기관: 환경영향평가(해양 및 어업분야)-환경영향평가법
  • 해역이용평가 대행기관: 해역이용영향평가-해양환경관리법
  • 수산전문 용역기관: 어업피해영향조사(예상 피해범위 설정)-공유수면 관리 및 매립에 관한 법률
  • 공공사업 실시계획 수립 및 고시-보상기준일(사업인정고시 의제)
  • 약정서 체결(선창공 후보상)
    • 손실액 산출 가능시
    • 손실액 산출 불가능시 → 수산전문 용역기관: 어업피해조사(피해범위와 정도, 평균연간어획량)-수산업법 / 보상액 산정(평년수익액 및 수익감소율)
  • 보상계획 공고, 열람 및 손실보상협의
    • 손실액 산출 가능시 협의 성립
    • 손실액 산출 불가능시 협의 불성립 → 수용 재결(불복)→이의신청재결(불복)→행정 소송
  • 보상금지급 및 공탁

Fishery compensation appraisal procedure

Request for appraisal

Request for appraisal to two or more appraisers in accordance with Article 16 (1) of the Enforcement Rules of the Act on Acquisition of and Compensation for Land, etc. for public Works Projects.

Request for service

As fishery damage surveys require a high level of technology, requests for the service should be made to a professional marine survey agency under Article 16 (3) of the Enforcement Rules of the Act on Acquisition of and Compensation for Land, etc. for public Works Projects.

Fishery damage survey

After concluding a service contract, a service agency conducts a fishery damage survey according to the instructions.

Calculation of fishery losses and appraisal of facilities

Upon completion of a fishery situation survey and inspection of the service report, fishery losses are calculated and, if required, fishery facilities are appraised.

Submission of appraisal report

물고기 잡은 어부의 사진갯벌에서 조개 줍는 어업인들 사진

Applicable statutes

Article 44 of the Enforcement Rules of the Act on Acquisition of and Compensation for Land, etc. for public Works Projects and Table 4 of the Enforcement Decree of the Fisheries Act

Method of calculating losses for fishery compensation

Method of calculating losses of licensed fisheries (fishery rights)

Method of calculating losses of licensed fisheries (fishery rights)
Category Calculation method
Case of withdrawal or non-approval of extension of the expiration date
  • Usual yearly income ÷ Yearly interest (12&) + Residual value of fishing vessel/gear or facilities
Case of suspension
  • Usual yearly income × Fishery suspension period + Losses caused by movement/collection of facilities, etc. or farm products + Usual fixed expenses incurred during a fishery suspension period.
    Where, compensation for withdrawal cannot be exceeded.
Case of restriction
  • Losses calculated in consideration of usual yearly income, restriction period, and restriction level, etc.
    Where, compensation for withdrawal cannot be exceeded.

Method of calculating losses of licensed and reported fisheries

Method of calculating losses of licensed and reported fisheries
Category Calculation method
Case of withdrawal
  • Usual yearly income for 3 years + Residual value of fishing vessel/gear or facilities
Case of suspension
  • Usual yearly income × Fishery suspension period or fishing vessel mooring period + Usual fixed expenses incurred during a fishery suspension period or fishing vessel mooring period.
    Where, compensation for withdrawal cannot be exceeded.
Case of restriction
  • Losses calculated in consideration of a fishery restriction period or restriction level, etc.
    Where, compensation for withdrawal cannot be exceeded.
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