수산자원관리 법제연구
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(2) 목. 차. 제 1 장 주요입법과제 ··················································································· 9 제 1 절 문제제기 ····························································································· 9 1. 실정법과 법의식의 유리 ······································································· 9 2. 통합적 관리의 필요성 ········································································ 10. 제 2 절 관련법제의 구조 ··········································································· 11 1. 해양수산부 출범전의 수산관련법제 ················································ 11 2. 해양수산부 출범후의 수산관련법제 ················································ 14. 제 3 절 어장 및 수산자원의 관리 ·························································· 16 1. 어장의 분류 ·························································································· 16 2. 어장의 법적성격 ·················································································· 17 3. 어장의 관리실태 ·················································································· 18 4. 자원관리 시스템의 한계 ···································································· 21. 제 4 절 어업권의 해석 ················································································ 23 1. 실정법상의 어업권 ·············································································· 23 2. 어업자원의 법적성질 ·········································································· 24 3. 법사회학적․법사학적 접근 ······························································ 30. 제 5 절 행정규제의 개혁 ··········································································· 34 1. 담보제한의 완화 ·················································································· 34 2. 규제와 유인의 조화 ············································································ 35. 제 6 절 생태학적 배려 : 어도 ································································ 36 1. 환경법상의 개념 및 관리구조 ·························································· 36 2. 수산 관련법상의 규율 ········································································ 37 3. 법적과제 ································································································ 39.
(3) 제 2 장 외국법제동향 ················································································ 41 제 1 절 영국법제 ··························································································· 41 1. 어업자원의 이용과 전통적 권리 ······················································ 41 2. 어업공무원의 권한 ·············································································· 41 3. 해양어업구역과 지방어업조례 ·························································· 42 4. 수산자원보호법과 어패류법 ······························································ 42 5. 어로한계법 및 처벌방식의 변경 ······················································ 43 6. 수산청설치․어업진흥․수산물운송 ················································ 44 7. 연어 및 양식어류 질병대책 ······························································ 44 8. 수산자원보호 ························································································ 45 9. 내수면 어장관리 ·················································································· 46 10. 연어조업과 활어의 규제 ·································································· 46. 제 2 절 일본법제와 정책동향 ··································································· 47 1. 수산자원보호법제 ················································································ 47 2. 해양수산자원개발촉진법제 ································································ 48 3. 어업정책의 변화 ·················································································· 49 4. 어장환경의 보전 ·················································································· 49 5. 수산기본법의 등장 ·············································································· 51. 제 3 장 관련법제의 체계정비 ······························································· 55 제 1 절 규제법에서 진흥법으로 ······························································ 55 1. 관련법제의 구조조정 ·········································································· 55 2. (가칭)수산기본법의 제정방향 ·························································· 56 3. (가칭)수산자원관리법의 제정방향 ·················································· 61. 제 2 절 공간관리의 합리화 ······································································· 62 1. 어업구역의 효율적 관리 ···································································· 62 2. 수산자원보전지구의 관리 ·································································· 63.
(4) 제 3 절 법적안정성의 확보 ······································································· 63 1. 법개념의 명료화 ·················································································· 63 2. 불법어업의 예방 ·················································································· 64 3. 명목적 법률의 정비 ············································································ 65 4. 수산자원보호령의 법제화 ·································································· 66 5. 하위법령들의 통합 ·············································································· 66. 제 4 장 현안쟁점들의 개선 ···································································· 69 제 1 절 자원관리의 합리화 ······································································· 69 1. 수산정책간의 중복예방 ······································································ 69 2. 총허용 어획량 제도의 정비 ······························································ 69 3. 양도성 개인배분량제 ·········································································· 70 4. 이행과 감시체계의 확립 ···································································· 71 5. 어장이용개발계획과 어업인참가 ······················································ 72. 제 2 절 어도 관련법제의 정비 ································································ 73 1. 기술적 한계의 극복 ············································································ 73 2. 관련제도의 정비 ·················································································· 76. 제 5 장 결 론 ································································································· 81 참고문헌 ············································································································ 85 참고자료 1 現行 水産業法 槪要 ··················································································· 87 제 1 절 총 설 ································································································· 87 1. 의의 및 적용범위 ················································································ 87 2. 어업․어장․어업권의 개념 ······························································ 87 3. 입어자․어업인 ···················································································· 88 4. 어업공동체의 육성 ·············································································· 88.
(5) 제 2 절 공간관리 ··························································································· 90 1. 어장의 이용과 관리 ············································································ 90 2. 어업수면의 보호 및 육성 ·································································· 91. 제 3 절 어업권 ······························································································· 93 1. 어업권의 취득과 성질 ········································································ 93 2. 어업의 개시와 휴업 ············································································ 94 3. 어업권의 이전․분할 또는 변경 ······················································ 95 4. 어업권의 담보 및 다른 권리자와 관계 ·········································· 95 5. 어업권의 경매 ······················································································ 96 6. 관리선의 사용과 그 제한․금지 ······················································ 96 7. 타인지배와 임대차의 금지 ································································ 97 8. 권리행사의 제한 ·················································································· 98. 제 4 절 어업의 종류와 관리 ····································································· 98 1. 면허어업 ································································································ 98 2. 허가어업 ······························································································ 106 3. 신고어업 ······························································································ 110 4. 어획물운반업 ······················································································ 112. 제 5 절 어업조정 ························································································ 113 1. 어업조정명령 ······················································································ 113 2. 조업수역등의 조정 ············································································ 114 3. 허가정수등의 결정 ············································································ 114 4. 총허용어획량의 설정 ········································································ 114 5. 유어장의 지정 등 ·············································································· 115. 제 6 절 수산자원의 보호 ········································································· 115 1. 자원의 조사․보고 ············································································ 115 2. 자원보호에 관한 명령 ······································································ 116 3. 소하성어류등의 보호와 인공부화․방류 ······································ 116.
(6) 4. 수질오염에 의한 손해배상 ······························································ 117. 제 7 절 수산조정위원회 ··········································································· 117 1. 수산조정위원회의 설치 ···································································· 117 2. 수산조정위원회의 기능 ···································································· 117. 제 8 절 행정절차 ························································································ 118 1. 신청․송달․공시 ·············································································· 118 2. 행정처분에 대한 보상 ······································································ 119 3. 어업보상금의 공탁 ············································································ 120 4. 재결 : 입어․어장구역등 ································································ 120 5. 과징금처분 ·························································································· 121 6. 권한의 위임․위탁 ············································································ 121 7. 수수료 ·································································································· 122 8. 청 문 ···································································································· 122. 제 9 절 사법․경찰 ···················································································· 122 1. 면허․허가 또는 신고어업외의 어업의 금지와 예외 ················ 122 2. 시설물의 철거등 ················································································ 123 3. 감 독 ···································································································· 124 4. 어업감독공무원 ·················································································· 124 5. 사법경찰권 ·························································································· 124 6. 공사와 어로의 제한 또는 금지 ······················································ 125 7. 유해어법의 금지 ················································································ 125 8. 범칙어획물의 판매금지․방류명령 ················································ 125 9. 양벌규정 ······························································································ 126. 참고자료 2 日本 水産基本法 槪要 ············································································ 127 제 1 절 총 설 ······························································································· 127 1, 입법목적 ····························································································· 127.
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