• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.3
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• pp.227-233
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• 2012

The oceans are the largest body of water geographical unit in the earth. In accordance with the general said of the international law, countries on the international law must have four elements: 1) settled residents; 2) determined territory; 3) a certain degree of government organizations; 4) the sovereignty. The country's basic rights are: 1) the right to independence; 2) the right to equal; 3) the right to jurisdiction; 4) the right to self-protection. UNCLOS as the only one of the "Constitution of the Earth" on the earth, the implementation of its entry into force make about 1/3 of the world's oceans should be assigned to the coastal states, in the use and management of ocean gave the coastal states the center jurisdiction, the coastal states' jurisdiction sphere had been expanded, the power comparison among all countries in the world had new changes. The ocean territory, like the land territory, is the most major material condition of a country. The ocean's strategic status is extremely important, is the important stage of the international political, economic and military struggle, there are many disputes about the rights and interests, resources and the development and utilization on the oceans. To resolve these disputes is bound to depend on a strong comprehensive national strength, including politics, economy, science and technology, as well as the powerful marine force, in which maritime police plays an important role.

• Journal of Fisheries and Marine Sciences Education
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• v.26 no.4
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• pp.769-788
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• 2014

Today, all the countries of the world newly recognize importance of sea on 70% area of the earth, which are focused on efforts for security of marine territory and fishes resources. On the security concerns of the ocean & fishes resources, Sea are very important on the ground of the importance of the ocean, thus international community has been trying to combat a maritime security threat and illegal fisheries. Coastal states need to have proper state's jurisdiction and exercise it's jurisdiction to response effectively to a maritime security threat and illegal fisheries. Here, many of the coastal states strengthened the rights in Exclusive Economic Zone(;EEZ) naturally, there are made cooperation activities and keen competition in the sea because deepening of complex understanding of the relationship between the surrounding countries with marine surveys & continental shelf development, island territorial sovereignty & marine jurisdiction in overlap of sea area on EEZ. In these circumstances, foreign fishing boats invaded to our territorial waters and EEZ many times. in addition, Chinese fishing boats are going to illegal fisheries naturally. On this point, a powerful crackdown of maritime enforcement organization had no effect on them. Also more and more their resistance gathered strength and tendency of a illegal activities became systematization, group action and atrocity little by little. So this thesis includes a study on the regal regulation, the system and formalities on the control of illegal fishing. And the author analyzed the details of the activities of illegal fishing and boats controlled by Korea Coast Guard(KCG), fishing patrol vessels of Ministry of Maritime Affaires and Fisheries(MOMAF) and Navy etc. from in adjacent sea area of Korea. In relation to this, the policy and activity plan were devised to crackdown to illegal fisheries of foreign fishing boats and then it was enforced every year. According to this, analyze the present conditions of illegal fisheries of a foreign fishing boats on this study, also analyze the present conditions of maritime enforcement organization & found out problems to compared it. protect the territorial waters, at the same time protection of marine mineral resources & fishes resources of EEZ including continental shelf, which has want to study for the role & response of maritime enforcement organization for the protection of fisheries resources and a proper, a realistic confrontation plan of maritime enforcement organization against illegal fisheries of foreign fishing boats.

• Ocean and Polar Research
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• v.29 no.2
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• pp.165-185
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• 2007

Exploitation of transboundary oil and gas on continental shelves may cause conflicts between or among States concerned due to the physical character of these resources. As oil and gas are fluid, exploitation of such a transboundary oil field by one side may affect other parties in other jurisdictions. However, there is no universal international legal regime on the issue. This article tries to find the international legal regime governing such resources through analysing UN Assembly's resolutions, UNCLOS, international judicial opinions, bilateral agreements and ILC activities relating to transboundary natural resources. As a result of this study, it seems that each coastal State has an inherent sovereign right on its part of the transboundary oil and gas deposit, but this right is not unlimited. Each state involved with the deposit has a duty to cooperate with other states-through information exchange, consultation, and negotiation. Furthermore, the state has an obligation to refrain from unilateral action when there is a possibility of causing irrevocable damage to the interests of the other states.

• Proceedings of KOSOMES biannual meeting
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• 2018.06a
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• pp.122-122
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• 2018

• Journal of the Korean Society of Marine Environment & Safety
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• v.28 no.2
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• pp.280-289
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• 2022

Internal Waters refer to the waters located at the landward side of a baseline and is completely under the sovereignty of a coastal state. However, the right of innocent passage of foreign-flag vessels is recognized in internal waters that are newly incorporated by establishing a straight baseline. Korea has a massive Internal Waters on its south-western coast where the straight baseline is adopted and has a wide Internal Waters that allows innocent passage. A foreign-flag vessel navigating the internal waters must be properly managed according to the interest of the coastal states such as the fishing·safety·security·environment around the Korean coast. Additionally, Territorial Sea comes under the sovereignty of a coastal state and it is a very important sea area for managing the interests of the coastal states. However, several collision accidents involving illegally anchored or drifted foreign-flag vessels have been occurring recently in the Korean Internal Waters and Territorial Sea, and such accidents are a threat to its interests. Thus, this paper analyzes the cases of collision of foreign-flag vessels that anchored or drifted without authorization, and examines domestic·international laws on the passage of foreign-flag vessel through Internal Waters and Territorial Waters. Finally, this paper suggests that unauthorized anchoring of foreign-flag vessels in Korean Internal Waters and Territorial Water violates the requirements for innocent passage and this violation is punishable according to related Acts; a desirable improvement plan for the legal system of passage through Internal Waters and Territorial Waters.

• Journal of Fisheries and Marine Sciences Education
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• v.3 no.1
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• pp.35-43
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• 1991

The fishing vessels operation is a kind of maritime profit-making activities, which are complicatedly integrated by the basic and supplemental fishing activities with navigation. The Fishing Vessels Act of Korea defines the character of fishing vessels and gives a legal status to them, and this Act itself is linked with the allied public laws including the Ships Act of Korea. For this reason, the legal status of fishing vessels as Korean flagged ships by the public law is analogous to the general commercial vessels. And the specific character of ownership of the fishing vessels by the Korean Maritime-Commercial Act as a privated law is analogous to the general commercial vessels, nevertheless the Chapter 4(Carriage of goods) and the Chapter 5(General average) of this Act do not apply to the fishing vessels except the fish carriers. A fishing vessel possesses the legal status as a Korean flagged ship by having it registered and putting it on record under the provision of national law, however the principle of genuine link is an important factor for acquisition of nationality. Especially, the basic rules by the Law of the Sea those are attended with the distant-water fishing vessels operation at the overseas fishing ground are summarized as follows ; Firstly, the rights of navigation and fishing activities on the high seas are fundamentally recognized to all states, but the freedom is restricted according to the international legal order aiming at protection of reasonable interests of other states and conservation of the living resources and marine environment. Secondly, in the EEZ or EFZ the freedom of navigation is recognized, but fishing activities are exclusively ruled by the national law of the coastal state. Thirdly, foreign fishing activities are prohibited but the right of innocent passage is recognized in the territorial sea, while both activities are prohibited in the internal waters of the coastal state.

• Journal of Fisheries and Marine Sciences Education
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• v.6 no.1
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• pp.77-91
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• 1994

The Yellow Sea and the East China Sea are the most important fishing grounds for the fishing industry of Korea, China and Japan which are major coastal states of these Seas. But the fishery resources in these fishing grounds are almost exhausted and also the sea region is seriously polluted. Accordingly an international joint countermeasure is necessary to recover the fishery resources and to keep the fishery a continuous industry. The authors inspected the existing fishery policies and international fishery relationship of the three coastal states, and suggested rational conservation and management regime of the fishery resources in these sea regions. 1. At present the legal status of the sea region beyond territorial sea is the high sea, for that reason the international cooperation is urgently needed to establish common regime for conservation and management of the fishery resources. 2. A series of scientific research on ecological system of fishery resources must be carried out in the sea region first of all for that purpose. 3. The existing Korea-Japanese Fishery Agreement and Sino-Japanese Fishery Agreement should be reformed to coincide with the new legal order of the UNLOS Convention, and the Sino-Korean Fishery Agreement should be concluded newly on the identical line. 4. As a conclusion, a joint conservation and management regime through a regional fishery organization or a individual conservation and management regime through the promulgation of exclusive economic zone by each state can be suggested to resolve the fishery resources conservation problem in the Yellow Sea and the East China Sea.

• Ocean policy research
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• v.33 no.2
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• pp.57-82
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• 2018

This study aimed to review the reorganization of fisheries and the future tasks in accordance with the establishment of new fishery order in the Northeast Asian Seas. As the United Nations Convention on the Law of the Sea, which recognized the sovereign rights of Coastal States in a 200-nautical mile exclusive economic zone (EEZ), entered into force in 1994, the three countries of Korea, China and Japan ratified the United Nations Convention on the Law of the Sea in 1996 and started negotiations to establish a new fishery order consistent with the EEZ system. However, a conflict of interest occurred because of differences in fisheries between countries, negotiations many times have proceeded, resulting in the signing of fishery agreement between China and Japan in 1997, Korea and Japan in 1998, and Korea and China in 2000. Each fishery arrangement consists of a dual system of EEZ and provisional waters (middle waters, provisional waters). The two countries are engaged in mutual fishing based on coastal states in EEZ, and in the fishing operation under the principle of flag state in provisional waters. There are overlapping or ambiguous jurisdictions in the intermediate waters and provisional waters that are jointly available to both fisheries. The presence of these seas is a challenge to the establishment of a reasonable international fisheries management system for the entire Northeast Asian Seas. In this context, the challenges of the reorganization of the new fisheries order are as follows: 1) conversion to a fishery order for coexistence of fisheries, 2) expansion to an international fishery management system, and 3) establishment of a multilateral fishery cooperation system. Although the jurisdiction of their own waters has been expanded through the establishment of EEZ according to new fishery order, the need for mutual cooperation grows when considering the movement and migration of fishery resources, fishery management, fish consumption and trade. In addition to the fisheries cooperation between the governments, it is also necessary to revitalize the civil cooperation focused on fishermen who exploit fishing grounds together.

• The Journal of Fisheries Business Administration
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• v.29 no.2
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• pp.177-197
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• 1998

Korean fisheries industry is surrounding by domestic and international difficulties due to the effectuation of the UN Convention on the Law of the Sea and declaration by many coastal states of 200-mile Exclusive Economic Zone and acceleration of ocean pollution in global recognition increasing of the importance of the ocean Resource enhancement policy in Korea fisheries industry is very important strategy fer the fostering of the fisheries resource and proper conservation and management of the coastal and off-shore living marine. Among resource enhancement policy, artificial reefs project has been the most effective strategy. The objectives of this paper are to find the economic effects of artificial reefs. The sampling artificial reefs is constructed at Suiido with 6~7m height. In order to analyze the fishing effect of artificial reefs, a few research have been conducted since 1975. For these analysis focuses on the side of scientific effect of artificial reefs, we analyzed on the side of economic effect. The results of the economic effects of artificial reefs are as follows ; First, the fishing effect analysis by using the NPV method in artificial reefs of Suiido ground prove to be economic feasibility. Second, the major socio-economic effect from artificial reefs include the increasing of recreation fishing, maintenance of fishing community, protection illegal fishing, conservation of coastal environment, and enlargement of advanced fisheries supply. Based on the above results, we conclude that artificial reefs project not only contributes to the welfare of fishermen by increasing of economic income, but enlarges to socio-economic gains by protection of illegal fishing and conservation coastal environment and so on.

• Journal of Ocean Engineering and Technology
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• v.29 no.5
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• pp.366-372
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• 2015

Ocean energy is one of the most promising renewable energy resources. In particular, South Korea is one of the countries where it is economically and technically feasible to develop tidal current power plants to use tidal current energy. In this study, based on the design code for HARP_Opt (Horizontal axis rotor performance optimizer) developed by NREL (National Renewable Energy Laboratory) in the United States, and applying the BEMT (Blade element momentum theory) and GA (Genetic algorithm), the optimal shape design and performance evaluation of the horizontal axis rotor for a 200-kW-class tidal current turbine were performed using different numbers of blades (two or three) and a pitch control method (variable pitch or fixed pitch). As a result, the VSFP (Variable Speed Fixed Pitch) turbine with three blades showed the best performance. However, the performances of four different cases did not show significant differences. Hence, it is necessary when selecting the final design to consider the structural integrity related to the fatigue, along with the economic feasibility of manufacturing the blades.