Decisión nº: 001250

In June 2001 the 1971 Fund Administrative Council noted that in May 2001 the Appellate Court had rendered its judgement regarding claims by the Yosu Fishery Co-operative and had overturned the judgement of the Seoul District Court that had awarded compensation for losses in respect of unlicensed and unregistered fishing activities. It was noted that the Appellate Court had held that in the light of the special position of the 1971 Fund and the 1971 Fund Convention, and the fact that a restrictive interpretation of the concept of ‘pollution damage’ would be closer to international standards, the income of plaintiffs who did not have the licenses, permits or registrations required under the Korean Fisheries Act to carry out their activities should be regarded as illegal income, which could not be included in the calculation of compensation. It was further noted that the Court had also stated that there was no evidence that the claimants who did not have licenses, permits or registrations had suffered the alleged loss of income due to the incident and that there was no evidence of any link of causation between the incident and the alleged reduction of income.

Fecha: 31.05.2001
Categoría: Acciones judiciales
Subject: Sentencias respecto de reclamaciones por pérdidas puramente económicas