• 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 Korean Society for Geospatial Information Science
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• v.10 no.3 s.21
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• pp.53-59
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• 2002

Territorial sea baseline is a borderline, with the effectuation of the United Nations Convention on the Law of the Sea of 1982, for the related sea zone negotiations with neighboring countries. Its position must be determined to international standard like WGS84 coordinate system. In this study, GPS survey for territorial sea points was performed to determine territorial baseline around five islands in the yellow sea, and the results of them were compared with previous coordinates. Territorial sea point, outermost spot of a nation's realm, tend to be placed in end up low-tide elevations or precipice. Therefore traditional surveying methods are hard to take accurate observations, so that GPS survey is most effective. Through the study, the scientific and reasonable methods for GPS surveying procedure is presented. The results of coordinate comparison show that there are wide difference between the old and new coordinates, and it is necessary for the whole area of islands to calculate displacements by GPS surveying.

• Spatial Information Research
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• v.16 no.3
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• pp.331-342
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• 2008

The countries are trying to expand the sea limit such as the territorial sea, fishing zone or the exclusive economic zone as far as the Law of the Sea permit to do for the benefit of their national interest. Especially, they are eager to claim the base point where it locates far from the coastline even if it is uninhabited island or reef under the sea. The baseline has been claimed to maximize the territorial sea. Another way to expand the sea limit is to lower the vertical datum to change the land limit. China claimed Dongdo which is located about 79 miles far from the coast as the base point. Japan also claimed many uninhabited island or the reef which is located very far from the coast such as Okino Dorishima. As Korea is the party who negotiate the maritime limit with Japan and China, we should be keen and sensitive on the issues claimed by neighboring countries in terms of base point and the baseline. This paper is to review the characteristics of the base points or baselines of neighboring countries and to suggest the views how to maintain and to relocate our base points. As western coast of Korean peninsula is one of the largest tide fluctuation zone in the world, with long tidal record to prove the vertical datum adjustment, Korea can find the way to lower the vertical datum especially in Yellow Sea. So, major and critical tidal station has to be set up along the western coast to verify tide fluctuation record which can be met with international standard.

• Journal of the Korean Association of Geographic Information Studies
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• v.11 no.4
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• pp.41-50
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• 2008

Intense competition for resources has forced many countries pay attention to their eyes to the ocean. Therefore, the disputes and the conflict over the delimitation of the EEZ and continental shelf will be sharpened. Since 1982 Law of the Sea Convention, Korea has opened the talks with Japan and China to discuss the boundary issues as the adjacent water zone is less than 400 miles between Korea and Japan and Korea and China. This study is to review the important rules and techniques for the delimitation of the maritime boundary which have defined in the Law of the Sea Convention and IHO-51 technical guide and to figure out how to build the maritime delimitation GIS DB to negotiate effectively with the neighboring countries. Definition of the base point and baseline will be the utmost important concept to delimit the ocean boundary. The policy makers and the specialists who prepare for the international negotiation meeting between the countries have to be ready to draw the maritime boundary for our best interest under the Law of the Sea Convention. The negotiation strategies and the principles can be made with the concrete and reliable database relevant to maritime boundary issues. So effective and fast strategic decision for negotiation can only be made based on maritime boundary delimitation GIS DB.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.287-325
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• 2017

Considering the development of aerospace, military science and technology since the 20th century, the sky is very important for the nation's existence and prosperity. The proverb "Whosoever commands the space commands the world itself!" emphasizes the need for the command of the air. This essay is the first study on the status of airspace after reunification. First, the territorial airspace is over the territory and territorial sea, and its horizontal extent is determined by the territorial boundary lines. Acceptance of the present order is most reasonable, rather than attempting to reconfigure through historical truths about border issues, and it could be supported by neighboring countries in the reunification period. For peace in Northeast Asia, the reunified Korea needs to respect the existing border agreement between North Korea and China or Russia. However, the North Korean straight baselines established in the East Sea and the Yellow Sea should be discarded because they are not available under United Nations Convention on the Law of the Sea. It is desirable for the reunified Korea to redefine the straight baselines that comply with international law and determine the territorial waters up to and including the 12-nautical mile outside it. Second, the Flight Information Region (hereinafter "FIR") is a region defined by the International Civil Aviation Organization (hereinafter "ICAO") in order to provide information necessary for the safe and efficient flight of aircraft and the search and rescue of aircraft. At present, Korea is divided into Incheon FIR which is under the jurisdiction of South Korea and Pyongyang FIR which is under the jurisdiction of North Korea. If North Korea can not temporarily exercise control of Pyongyang FIR due to a sudden change of circumstances, it is desirable for South Korea to exercise control of Pyongyang FIR, and if it is unavoidable, ICAO should temporarily exercise it. In reunified Korea, it is desirable to abolish Pyongyang FIR and integrate it into Incheon FIR with the approval of ICAO, considering systematic management and control of FIR, establishment of route, and efficiency of management. Third, the Air Defense Identification Zone (hereinafter "ADIZ") is a zone that requires easy identification, positioning, and control of aircraft for national security purposes, and is set up unilaterally by the country concerned. The US unilaterally established the Korea Air Defense Identification Area (KADIZ) by the Declaration of Commitment on March 22, 1951. The Ministry of Defense proclaimed a new KADIZ which extended to the area including IEODO on December 13, 2013. At present, North Korea's military warning zone is set only at maritime boundaries such as the East Sea and the Yellow Sea. But in view of its lack of function as ADIZ in relations with China and Russia, the reunified Korea has no obligation to succeed it. Since the depth of the Korean peninsula is short, it is necessary to set ADIZ boundary on the outskirts of the territorial airspace to achieve the original purpose of ADIZ. Therefore, KADIZ of the reunified Korea should be newly established by the boundary line that coincides with the Incheon FIR of the reunified Korea. However, if there is no buffer zone overlapping with or adjacent to the ADIZs of neighboring countries, military tensions may rise. Therefore, through bilateral negotiations for peace in Northeast Asia, a buffer zone is established between adjacent ADIZs.