어장이용의 기회비용접근법에 의한 공동소유 어업권의 손실보상금 분배연구 -A어촌계의 미역양식어업권의 취소보상액 분배사례를 중심으로- = A Study on the Distribution of Compensation for Damages of Common Property Fisheries by Alternative Cost Approach of Utilizing Fishing Ground

다국어 초록 (Multilingual Abstract)

This paper tries to suggest a rational proposal for the distribution of compensation of common property fisheries damages caused by a large scale coastal reclamation. For the purpose the paper introduces the approach of alternative cost of the use of fishing ground. The background of the paper is the legal conflict between tenants and non-tenants, both of whom are common owners of seaweed cultivation ground, in the distribution of compensation for damages. In principal, so far as the seaweed cultivation right is a common property of the fishing association, the compensation is also a common property of it. Therefore the distribution method of the compensation entirely depends on the decision of the association. But in case that the numbers of non-tenants is larger than those of tenants, the distribution of the compensation is usually unfavorable to the tenants even though the latter is the key contributor to the realization of present value of the common property. The paper aims to show an appropriate distribution method based on the economic principle of optimal distribution. In others words, the value added to the economic value of alternative use of the fishing ground should be distributed to the tenants. the value amount of alternative use of the fishing ground should be equally distributed to the members of the association.