• The Journal of Fisheries Business Administration
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• v.27 no.2
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• pp.65-82
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• 1996

This study aims to investigate the development of the stow-net fishery operated in East China Sea and Yellow Sea and its role in the off-shore demersal fishery In Korea after 1980's. This paper also reorganization problems of this fishery under 200 mile exclusive economic zen system. Stow-net fishery which has an important role in offshore demersal fishery in terms of the fish production and supplies had attained an rapid growth since 1960's throughout advancement of the fishing technique, government support and enlargement of fish market. However, the production had come to a stagnant stage since 1980, and even reduced in 1990's by reason of competition from Chinese vessels which have been developing reapidly as well as other more productive demersal fishery such as trawl of Korea. Nevertheless, high fish price has maintained the business of this fishery. This fishery faces some difficulties such as limited resources, the plunge of fish price due to fish import freedom, and 200 mile EEZ settlement in those Seas among the related countries ratifying the United Nations Convention of the Law of the Sea in 1996. This paper discusses the reorganization problems of the stow-net fishery under the new situation. : (1)to lighten a damage to the fishery to keep the fishing ground and to restrict the entry of competitive fisheries, (2)to reduce the fishing effort by the governmental support, (3)to introduce new fishing methods, (4)to employ foreigner as a cheep labour, (5)to rise fish price throughout more freshness of fishes.

• The Journal of Fisheries Business Administration
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• v.21 no.1
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• pp.21-34
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• 1990

The U.S.-Korea fisheries relationship was concluded on the legal basis of Korea as a distant-water fishing nation and U.S. as a coastal state, and aiming effective conservation, management and rational utilization of the marine living resources. The existing two legal problems on U.S.-Korea fisheries relationship are the pelagic driftnet fishing on the high seas and trawl fishing in the Bering Sea. The results and countermeasure discussed on the positive legal systems of both countries which simultaneously rationalize the conflicting standpoints each other are as follows : 1. For the sake of rational conservation and utilization of the high seas fishery resources, an international organization composing of all the coastal states and fishing nations concerned must be established, and it shall be shall be more desirable to manage the resources by the international joint control system than by the bilateral agreements between the countries concerned. 2. The U.S.-Korea Fisheries Agreement being based on the MFCMA was concluded by mutual understanding between both countries. Accordingly, no protest exists against legal status of the Agreement because it has acted as a customary norm in keeping fisheries relationship between both countries within the U.S. EEZ. 3. The existing fisheries legislative system of Korea is insufficient to support development of the industry satisfactorily. Therefore a special legislation, for example $\ulcorner$Distant-water Fishery Promotion Act$\lrcorner$, is required. And a perfect legal system for effective conservation and management of fishery resources must be established.

• Journal of Fisheries and Marine Sciences Education
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• v.5 no.2
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• pp.138-146
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• 1993

In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

• Journal of Fisheries and Marine Sciences Education
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• v.18 no.2
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• pp.85-97
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• 2006

With extension of national jurisdiction over coastal living resources, new dimensions and objectives should be added to international cooperation in distant-water fisheries concepts. For distant-water fishing nations, Korea, joint exploitation of these resources is today considered not only as a way of producing additional income opportunities, but first of all as at least a partial solution to neutralization of harvesting limitations imposed on them in traditionally exploited fishing grounds.This paper explores the development of Korean distant-water fisheries agreements and reviews the various types of agreements currently in place and discusses the future of Korean distant-water fisheries agreements with third countries. The relationship between coastal States and fishing fleets from non-adjacent countries has been transformed since the 1980s. This was primarily a result of the declaration of Exclusive Economic Zones(EEZs) by many coastal states in the years leading up to the close of the negotiations of the UNCLOS in 1982. Significantly, by recognizing the right of coastal states to determine how their waters were to be exploited, UNCLOS provided a legal basis and economic motivation for the negotiation of access agreements between coastal states and distant-water fishing nations, KoreaThere is a real danger that Korean distant-water fisheries agreements could and do result in the adverse environmental impacts experienced in Korean coastal waters being transferred to third country water and consequently creating socio-economic problems for these third countries. Korean distant-water fisheries agreements with third countries have the potential to be a force for good if they are well managed and if the principals that will be applied within Korean coastal waters, through the reform of the distant-water fisheries policy, are applied equally upon third country waters.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.54 no.1
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• pp.129-134
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• 2021

This study used the commercial fishing data of Korean high sea bottom longline vessels in the South West Atlantic Ocean from 2013 to 2019 to identify the distribution of fishing grounds of Korean longline vessels. We estimated the CPUE of the Patagonian toothfish Dissostichus eleginoides and the changes in its stock status. The fishing grounds of Korean longline vessels were observed to concentrate on the exclusive economic zone (EEZ) boundary between Argentina, Uruguay, and Falkland owing to the high seas of 41-55 °S in the south and 49-60 °W in the west. A high intensity of fishing was seen in the middle area, which was horizontal from the 3.1 subarea. In all the three subareas, CPUEs have had the tendency to decline since 2013. Although the CPUEs in the 3.2.1-2 subareas were the highest in each subarea, there was no significant difference in each subarea (P>0.05). It is believed that the establishment of a regional fisheries organization or the strengthening of the management of FAO is necessary for the management of Southwest Atlantic fisheries and sustainable fishing, because the portion and scope of Korean longline vessels are very low in the Southwest Atlantic; however, the CPUE is estimated to have declined.

• Strategy21
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• s.31
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• pp.220-250
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• 2013

South Korean national security strategy should be developed to effectively handle and counter increasing maritime threats and challenges. There are three major maritime threats South Korea faces today; maritime disputes on the EEZ boundary and Dokdo islet issues, North Korean threats, and international maritime security. Maritime disputes in the region are getting intensified and turned into a military confrontation after 2010. Now regional countries confront each other with military and police forces and use economic leverage to coerce the others. They are very eager to create advantageous de facto situations to legitimize their territorial claims. North Korean threat is also increasing in the sea as we witnessed in the Cheonan incident and Yeonpyoung shelling in 2010. North Korea resorts to local provocations and nuclear threats to coerce South Korea in which it may enjoy asymmetric advantages. The NLL area of the west sea would be a main hot spot that North Korea may continue to make a local provocation. Also, South Korean national economy is heavily dependent upon foreign trade and national strategic resources such as oil are all imported. Without an assurance on the safety of sea routes, these economic activities cannot be maintained and expanded. This paper argues that South Korea should make national maritime strategy and enhance the strength of naval forces. As a middle power, its national security strategy needs to consider all the threats and challenges not only from North Korea but also to maritime security. This is not a matter of choice but a mandate for national survival and prosperity. This paper discusses the importance of maritime security, changing characteristics of maritime threats and challenges, regional maritime disputes and its threat to South Korea's security, and South Korea's future security strategy and ways to enhance the role of naval forces. Our national maritime strategy needs to show middle and long term policy directions on how we will protect our maritime interests. Especially, it is important to build proper naval might to carry out all the roles and missions required to the military.

• 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.

• The Journal of Fisheries Business Administration
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• v.31 no.2
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• pp.67-91
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• 2000

Fisheries Agreements among Korea, China, and Japan, for the effective management of fisheries resources and protection of fisheries disputes, have been processed in a manner to conclude interim arrangements those are effective prior to the final demarcation of the maritime delimitation which often requires much time to settle among the relevant states, Based on this understanding, Korea, China, and Japan, had proceeded their mutual fisheries agreement ; and, two fisheries agreements, between Korea-Japan and China-Japan, have already entered into force on 22 January 1999 and on 1 June 2000, respectively. Lastly fisheries negotiation between Korea and China has been concluded in order to make it effective on 30 June 2001. As Korean fisheries have already experienced the impacts after the entry into force of Korea-Japan Fisheries Agreement, it is inevitable that the likewise will also be true for the Korea-china Fisheries Agreement. The results of fisheries negotiation should minimize the loss by ensuring Korean flagged vessels' fishing rights to the maximum level in the counterpart's waters, and to maximize our counterpart's loss by restricting its vessels' fishing rights to the minimum level in our waters. However, such goals are almost unreachable in an intergovernmental negotiation. On this ground, regardless of the results, the negotiation is highly criticized from all the interested realms of the society. First, this study reviews the negotiation process ana subject matters of the fisheries agreement, and then evaluates the disputed items issued by academic, political, and industry areas in an international law and fisheries perspective. After the entry into farce of fisheries agreement, various activities should be accommodated as future tasks, such as the adjustments of the domestic fisheries structure, the reorganization of the resource management based fisheries structure, the construction of EEz large surveillance system, and the construction of the multilateral fisheries cooperation system Through an earlier implementation of those tasks, the Korean fisheries will be better prepared in minimizing the predicted impacts once the Korea-China Fisheries Agreement becomes effective.

• The Journal of Fisheries Business Administration
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• v.52 no.1
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• pp.1-22
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• 2021

This study aims to face common threats from the depletion of fish resources, the decline of production and employment as well as the increase of life risk in East Sea Rim countries, North Korea, South Korea, Japan and Russia due to the Chinese fishing fleets entering East Sea. The recent competition in fishing among fishing vessels and fleets of national origin operating in the East Sea has induced a significant change in the ecological landscape of the fishing fleets cluster while having influenced production and employment in the fishing industries of South Korea and Japan as well as life threat on the fishermen in North Korea. It seems that the population organizational ecological theory can be applied to this change. It can be seen as the isomorphism of the selection process over the exclusive economic zone (EEZ) to avoid the environment in which these North Korean fishing vessels are pushed against the Chinese fleet in the North Korean part of the East Sea. To resolve the fishery disputes or conflict in the common waters in East Sea, first of all, Chinese fishing fleets will be required to put international pressure so as to solve the unfairness of the illegal fishing and overfishing by the International Fishery Organization or the UN violations of the sanctions against North Korea selling fishing rights to China. Although it is not easy for South Korea to cooperate with North Korea in the short term, South Korea will be able to support the fishery infrastructure in North Korea in the mid- to the long-term to prevent the loss of innocent lives for their fishermen and to raise their incomes.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.10a
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• pp.137-138
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• 2010

It is prospected that commercialization of the Arctic route come to faster than an anticipation due to acceleration of the melting of Arctic ice as a result of global warmness and etc. Since 1979 from the start of the satellite observation, the ice areas of the Arctic ocean came to decrease about 40 % in summer season For the commercial use of the Arctic route, it must be settled some problems including the navigation for the vessels in the EEZ of the related nations before considering about economic basis. It is also needed to build special ships which satisfy to the condition of the Arctic climate for the technical factors of ship handling and should be carried out completion of the special educational program to be approved for the seamen through the cooperation with the coastal nations. The information system for the Arctic route should be developed.