Decision ID: 001359

In May 2002 the 1971 Fund Administrative Council noted that in a judgement rendered in December 2001 the Sunchon District Court had rejected two claims by owners of inshore fishing vessels due to lack of evidence, but in its consideration of another such claim, which the Fund had rejected on the grounds that the claimant did not have a valid license, the Court had not accepted the Fund’s argument, since in the Court’s view, licensing requirements were an administrative matter unrelated to compensation issues. It was further noted that in assessing the loss suffered by the latter claimant the Court had held that the Fund’s approach had no merit, even though 333 owners of inshore fishing vessels had settled their claims on the basis of the Fund’s assessments of their losses. The Council endorsed the Director’s decision to appeal against the judgement both as regards the decision to allow compensation for unlicensed fishing and as regards the method of assessment of the loss adopted by the Court.

Date: 31.03.2002
Category: Pure economic loss (fisheries and mariculture)
Subject: Loss of income from fishing due to contamination of fishing grounds or imposition of fishing bans