• Ocean and Polar Research
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• v.28 no.3
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• pp.259-272
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• 2006

The 1982 UNCLOS provided very detailed provisions on marine scientific research and gave coastal stale jurisdiction to regulate marine scientific research in its EEZ. However, due to lack of definition and criteria of MSR, there are some different views, even conflicts, regarding legal Pounds for governing hydrographic surveys and oceanographic data collection by one state in the EEZs of other states. Some coastal states argue that those activities should only be conducted in the EEZ of other states with the consent of the coastal state while it is the opinion of other states, including the U.S.A., that those activities can be conducted freely in the EEZ. This paper reviews different views and recent developments on the issue and suggests some recommendations for future work of the Korean government related to the activities.

• The Journal of Fisheries Business Administration
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• v.30 no.2
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• pp.1-23
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• 1999

In the Northeast Asian region fisheries agreements of the past regarding high seas as an agreement area were transformed or new agreements were introduced in order to conform to the EEZ regime. However, the existing joint regulatory zone which “open” status is somewhat similar to the high sea not only disappear, but also two new systems were established. To begin with, parties of the agreement claimed their EEZs to be from the territorial sea baselines to the extent set forth, problem of the fishery access of the other party under the agreement is to be solved on the principle of reciprocity and on recognizing of the catch results achieved in the past. In regards to the overlapping zones like neutral zone of the East Sea of Korea(Sea of Japan) and neutral zone to the south of the Cheju Island, provisional measures zones in the Yellow Sea and in the East China Sea, and transitional zone of the Yellow Sea special fisheries management systems reflecting the legal character of the zone involved are applied. Moreover, as fisheries agreements defining open sea as an agreement zone are not able to conform to the EEZ regime, so new fisheries agreements must be taken out from old systems and conceptions, and must be understood and enforced from the new point view. Therefore, countermeasures needed to do so should be developed, and their basic structure is as follows. Firstly, the basic concept of the EEZ regime requires that the coastal states have sovereign rights on their sea zones' natural resources and bear responsibilities appropriate to their allowed jurisdiction. Each Northeast Asian state should adjust the structure of fishing industries and employ advanced fisheries management system, and should make efforts toward such issues of the state policy as increasing fishery resources and preserving ocean environment. Secondly, measures should be developed to solve the international fisheries disputes which are to occur under enforcement of the new fisheries agreements system. In regards to the acts of violation the fisheries laws in the foreign EEZ the principle of jail sentence prohibition is established by the UN Convention on the Law of the Sea, and every fisheries agreement reflects this principle. Therefore, the present question is to consider concrete measures to enable the easy release of the seamen, who violated fisheries laws slightly and well-intently, through establishment and management of the guarantee fund needed to make collateral reasonable. Thirdly, Korean-Russian and Russian-Japanese fisheries relations were formed on the basis of the EEZ regime, since 1992 and 1977 respectively, and are expected to maintain mutually beneficial cooperative character. As for Korean-Chinese-Japanese fisheries relations, the operational problems of overlapping zones, and problem of the permits for EEZ mutual access should be solved on the basis of the principle of reciprocity and equity rather than unilaterally from any side.

• Korean Aquaculture
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• v.14 no.1
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• pp.37-46
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• 2002

• Journal of the Korean Society of Marine Environment & Safety
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• v.6 no.1
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• pp.99-109
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• 2000

The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

• Journal of the Korean earth science society
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• v.26 no.8
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• pp.836-843
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• 2005

Two data sets of repeated hydrographic surveys with a single beam echo-sounder were obtained to investigate morphological changes on a sand mining site within EEZ near the Eocheong Islands, West Sea of Korea. Their accuracies of depth measurement, estimated from the crossover analysis, correspond to the Oder 2 of IHO standards. Bathymetric maps show a feature of 300m wide and 10m deep hollow, whose evolution can be seen in difference grids of the two bathymetric maps. However, data of higher accuracy and resolution enable precise quantification of extracted sand volume. Since this morphological change could affect sedimentary environment as well as benthic ecology, environmental impact assessment based on scientific research data is required for management and sustainable development of limited sand resource.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.6
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• pp.1549-1560
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• 2016

Today, all the countries of the world newly recognize importance of sea, which are focused on efforts for security of marine territory and fishes resources. Many of the coastal state, to strengthen the rights of their own country EEZ, marine survey and continental shelf development, travels through such maritime jurisdiction in the territorial sovereignty and the EEZ overlaps, deepening complex interests between neighboring countries cooperation activities of the fierce competition, the domestic and foreign been has been carried out. Under such circumstances, is devastated coastal of China, our territorial waters and EEZ has been violated more and more, in spite of the powerful crackdown maritime public power, illegal fishing more resistance intensified. They tend to be gradually organization, collectivization and atrocities. Currently, illegal fishing of Chinese fishing boats in the West Sea of Korea, including the waters near Yeonpyeong Island is prevalent as operating in the coast of the country. Furthermore regrettable one is illegal on a scale and the situation where South Korea of scale of damage caused by it have not been accurately grasp of the operation, but that there is damage of Korea official duty enforcement to crack down the increase to illegal operations year after year have occurred. Violent, illegal fishing of Chinese fishing boats, in order to eradicate the operations of insane at our sea, we investigated to the infringement situations of fisheries resources by multiple fields. each of problems presenting a specific preservation plan in accordance with the function and role of the maritime enforcement organization and other government organization the point. at the same time we will try to seek measures such as a scheme that it is possible to increase the capacity.

• Proceedings of KOSOMES biannual meeting
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• 2017.11a
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• pp.285-285
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• 2017

• 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.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.2
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• pp.143-156
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• 2014

We reviewed investigation status on turbidity plume in the statement of marine environmental survey(2008 to 2012) associated with marine sand extraction projects. The survey statement from seven marine sand extraction sites (extraction area of Southern EEZ, extraction area of Western EEZ, relocation zone in the Western EEZ, sea area under jurisdiction of Taean-gun, sea area under jurisdiction of Ansan City, and two discrete sea areas under jurisdiction of Ongjin-gun) in the nearshore and offshore of Korea showed that in situ observations were carried out for the dispersion and transport of suspended sediments on two areas (One is a extraction area in the EEZs, the other is an area of coastal sites). However, sampling station and range have not been selected considering physical, geographical factors (tide, wave, stratification, water depth, etc.) and weather conditions (wind direction and velocity, fetch, duration, etc). Especially turbidity plumes originating from three sources, which include suspended sediments in overflow(or overspill) discharged from spillways and reject chutes of dredging vessel, and resuspended sediments from draghead at the seabed, may be transported to a far greater distance outside the boundary of the extraction site and have undesirable impacts on the marine environment and ecosystem. We address that behaviour of environmental pollutants such as suspended solids, nutrients, and metals should be extensively monitored and diagnosed during the dispersion and transport of the plume. Finally we suggest the necessity to supplement the current system of the sea area utilization consultation and establish the combined guidelines on marine sand extraction to collect basic data, to monitor cumulative effects, and to minimize environmental damages incurred by the aftermath of sand extraction.

• Journal of Fisheries and Marine Sciences Education
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• v.9 no.2
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• pp.99-120
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• 1997

The official talks on the amendment of the Korean - Japanese Fisheries Agreement which was concluded in 1965 are under way since 1996. The convention area of the existing fisheries agreement is the high sea, but it should be changed to the exclusive economic zone(EEZ) for the newly amended fisheries agreement. Accordingly, the fundamental policies to be embodied within the amended fisheries agreement are summarized as follows : 1. One of the basic doctrine of the new agreement should be the formulation of a device of international cooperation for the fishery development as well as the conservation and management of the fishery resources. 2. The preparation of the future-oriented international relationship which reflects the specific character of the fishery relationship between both countries. 3. The existing fishery results of both parties should be protected on the ground of the reciprocity principle. 4. Both parties should reach an agreement upon the joint conservation and management measures for the transboundary fishery resources. 5. In consideration of the difficulty of EEZ delimitation between both countries, a provisional fisheries agreement can be an alternative measure.