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Legal Issues on the Diving Apparatus Fishery: The case of contract responsibility and accountability at the time of ship collision

잠수기 어업과 관련한 법률상의 쟁점 -약정책임과 선박충돌시의 법정책임을 중심으로-

  • Received : 2014.05.30
  • Accepted : 2014.06.13
  • Published : 2014.06.28

Abstract

In this research, unlike other fishing, the diving apparatus fishery is that the diver is engaged in fishing for profits. Because it is unique fishery, conflicts can be occurred in members. So, the purpose of this research is to define the contractual relationship between the parties of the diving apparatus fishery. For example, the relationship between the owner and diver and the owner and fishing ship crew. In addition, civil liability of default on the obligation was reviewed. Also, because the trouble was occurred by illegal fishing, criminal liability of ship crash caused by illegal diving apparatus fishery was considered. As a result, It is important to notifying the necessity of some method for the status of diver and fishing ship crew in diving apparatus fishery. moreover, It is need to educate the risk of illegal fishery for the parties of diving apparatus fishery.

Keywords

References

  1. Bae, Jong-Dae(2005). Criminal law General Theory eight revised edition, Hongmoonsa, 179
  2. Gong, Yong-Sik(1991). An Empirical investigation for the improvement of the lay system in the Korean fisheries industry, Keimyung University, 57.
  3. Kim, Dong-In(2005). Research about Captain's Responsibility of ship Nevigation-Supervision Laying Stress on Sinking Example of Two Boat Trawl Fishery Subsidiary-ship, The Journal of Maritime Law 27(2), 86.
  4. Kim, Hyeong-Bae(1998). Bond General Theory , Pakyoungsa, 239.
  5. Kim, In-Hyeon(2000). A Study on the Assessment of Appoint of Collision Liability of Korea Marine Accident Investigation Agency in the Perspective of Civil War, The Journal of Maritime Law 22(1), 129.
  6. Kim, In-Hyeon(2003). A Study on the Relationship between Fault Ratio in Collision of ship and Marine Safety Tribunal's Decision, Bup Jo 562, 91.
  7. Kim, Sang-Yong(2003). Bond General Theory , Bobmunsa, 154.
  8. Kwak, Yun-Jik(2003). Bond Specific Theory sixth edition, Pakyoungsa, 398-399.
  9. Lee, Eun-Yeong(2001). Bond General Theory , Pakyoungsa, 320.
  10. Lee, Gye-Yeol(1997). A historical analysis of the economical structure of Korea's fisheries, Chonnam University, 105-110.
  11. Lee, Jae-Sang(2012). Criminal law Specific Theory eight edition, Pakyoungsa, 75-76.
  12. Lim, Seok-Won(2011). A study on the legal status about chief of fishing boats, The journal or Fisheries and Marine Sciences Education 23(4), 723-733.
  13. Oh, Si-Yeong(2010). Bond Specific Article , Hakhyunsa, 493-559.
  14. Lim, Seok-Won(2012). Legal issues on the ship crash in the Traffic Separation Schemes, The research of Maritime law 24(3), 117-140.
  15. Oh, Byeong-Cheol(2014). The law of court bond , Bobmunsa, 48.
  16. Park, Seong-Buk(2008). A study on status and reform of labor condition for coastal and offshore fishermen in korean seafarer act, Mokpo National Maritime University, 43.
  17. Song, Deok-Su(2013). Requirement of default, The Korean Association of Civil Law 65, 201-230.