FISHERY CLAIMS HYOPSUNG SURVEYORS & ADJUSTERS CORPORATION BUSAN, KOREA BUSAN SEOUL PYEONGTAEK & DANGJIN POHANG 7th Floor, Dongju Building, Tel : +82-2-752-2963, Tel : +82-41-357-9528 Tel : +82-54-273-7057 5, Jungang-daero 42beon-gil, E-mail :
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[email protected] Jung-gu, Busan, Korea INCHEON GWANGYANG & YEOSU ULSAN Tel : +82-51-463-6551 Tel : +82-32-882-9010 Tel : +82-61-791-7495 Tel : +82-52-227-0826 E-mail :
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[email protected] INTRODUCTION The Korean peninsula is surrounded by the sea on three sides and fishing activities using various gears and facilities thrive all the year round. Vessels navigating in Korean waters often come into contact with fishing nets, seaweed farms or other floating aquaculture facility resulting in damage to the fishing gears and facilities. Upon noticing an incident, the owner of the damaged gear or facility (“the fisherman” hereinafter) will contact the Korea Coast Guard, who will launch an immediate investigation and establish whether the vessel involved came into contact with the facility due to negligence or intentional act. The fisherman will then pursue a claim for his financial loss against the Owners of the vessel. The following is the brief summary of the characteristics of commercial fishing activities in Korea, which we hope would be of assistance to the Clubs and the Members. CHAPTER 1. Commercial Fishing in Korea According to the Fisheries Act of Korea, commercial fishing (fishery business) is classified as follows : Set-net fishing Seaweed cultivation Shellfish cultivation Licensed Fishery Business Cultivation of fish or similar Combined cultivation Communal fishing Cooperative cultivation Cultivation in the open sea Fishery business Inshore fishery Coastal fishery Fishery within a demarcated Permitted Fishery Business zone Cultivation in inland sea water Reported Fishery Business Others Page 2 / 11 CHAPTER 2.