• Proceedings of the Korean Society of Marine Engineers Conference
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• 2006.06a
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• pp.121-122
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• 2006

The legal regime of the high seas has traditionally been characterised by the dominance of the principles of free use and the exclusivity of flag State jurisdiction. It means that the high seas are open to all States, and no State may validly purport to subject any part of them to its sovereignty. but it has not always been so. accordingly, here we discuss the general regime of the high seas in this papaer.

• Strategy21
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• s.42
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• pp.154-195
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• 2017

This paper is to analyse conflict between the US and China over the South China Sea and Korea's responses. To this end the paper is composed of 6 chapters titled instruction; the current status of South China Sea sovereignty disputes; changes in US and Chinese maritime security strategies and the strategic values of the South China Sea; key issues and future prospects for US-China conflicts in the South China Sea; South Korea's security and diplomatic responses; and conclusion. The recent East Asian maritime security issue has evolved into a global issue of supremacy between the US and China, beyond conflicts over territorial disputes and demarcation among the countries in the region. China is pursuing offensive ocean policy to expand economic growth. The core of the maritime order that the United States intends to pursue is the freedom of navigation in the oceans and the maintenance of maritime access. China is making artificial islands in the South China Sea, claiming the sovereignty of these islands, building strategic bases in East Asia, and securing routes. The United States has developed several "Freedom of Navigation Operations" to neutralize the declaration of the territorial sea surrounding Chinese artificial islands. We can not be free from marine conflicts in the South China Sea and the East China Sea. Regarding the South China Sea dispute, it is expected that the strategic competition and conflict between the two countries will intensify due to China's failure to make concessions of core interests and adherence to the US compliance with international norms. In the midst of conflict over the South China Sea, we need a harmonious balance between our alliance security and economic diplomacy. We must continue our efforts to strengthen the ROK-US alliance but not to make China an enemy. Considering the significant impacts of the oceans on the survival and prosperity of the nation, we must continue to develop our interest in the oceans, appropriate investments and tactical strategies.

• 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 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.

• 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 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.

• Strategy21
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• s.30
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• pp.99-142
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• 2012

Withe increased North Korea's security threats, the South Korean navy has been faced with deteriorating security environment. While North Korea has increased asymmetric forces in the maritime and underwater with the development of nuclear weapons, and China and Japan have made a large investment in the buildup of naval forces, the power of the Pacific fleet of the US, a key ally is expected to be weakened. The biggest threat comes from China's intervention in case of full-scale war with North Korea, but low-density conflict issues are also serious problems. North Korea has violated the Armistice Agreement 2,660 times since the end of Korean War, among which the number of marine provocations reaches 1,430 times, and the tension over the NLL issue has been intensifying. With tension mounting between Korea and Japan over the Dokdo issue and conflict escalating with China over Ieo do Islet, the US Navy has confronted situation where it cannot fully concentrate on the security of the Korean peninsula, which leads to need for strengthening of South Korea's naval forces. Let's look at naval forces of neighboring countries. North Korea is threatening South Korean navy with its increased asymmetric forces, including submarines. China has achieved the remarkable development of naval forces since the promotion of 3-step plan to strengthen naval power from 1989, and it now retains highly modernized naval forces. Japan makes an investment in the construction of stat of the art warship every year. Since Japan's warship boasts of its advanced performance, Japan's Maritime Self Defense Force is evaluated the second most powerful behind the US Navy on the assumption that submarine power is not included in the naval forces. In this situation, naval power construction of South Korean navy should be done in phases, focusing on the followings; First, military strength to repel the energy warship quickly without any damage in case of battle with North Korea needs to be secured. Second, it is necessary to develop abilities to discourage the use of nuclear weapons of North Korea and attack its nuclear facilities in case of emergency. Third, construction of military power to suppress armed provocations from China and Japan is required. Based on the above naval power construction methods, the direction of power construction is suggested as follows. The sea fleet needs to build up its war potential to defeat the naval forces of North Korea quickly and participate in anti-submarine operations in response to North Korea's provocations. The task fleet should be composed of 3 task flotilla and retain the power to support the sea fleet and suppress the occurrence of maritime disputes with neighboring countries. In addition, it is necessary to expand submarine power, a high value power asset in preparation for establishment of submarine headquarters in 2015, develop anti-submarine helicopter and load SLAM-ER missile onto P-3C patrol aircraft. In case of maine corps, division class military force should be able to conduct landing operations. It takes more than 10 years to construct a new warship. Accordingly, it is necessary to establish plans for naval power construction carefully in consideration of reality and future. For the naval forces to safeguard maritime sovereignty and contribute to national security, the acquisition of a huge budget and buildup of military power is required. In this regard, enhancement of naval power can be achieved only through national, political and military understanding and agreement. It is necessary to let the nation know that modern naval forces with improved weapon system can serve as comprehensive armed forces to secure the command of the sea, perform defense of territory and territorial sky and attack the enemy's strategic facilities and budget inputted in the naval forces is the essential source for early end of the war and minimization of damage to the people. If the naval power construction is not realized, we can be faced with a national disgrace of usurpation of national sovereignty of 100 years ago. Accordingly, the strengthening of naval forces must be realized.

• Maritime Security
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• v.3 no.1
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• pp.237-255
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• 2021

This article analyzed maritime territorial policies in Korea. Marine territory originally refers to the topography of the subsoil in a country's territorial sea. From a political perspective, it is a broad concept that includes islands and polar regions beyond the jurisdiction of Korean sovereignty or sovereign rights, such as territorial waters, EEZs, and continental shelves. Also, Korean researchers use "maritime territory" as a term for maritime zones that stretch from Ieodo (Korean EEZ) to Dokdo Island. The purpose of this study is to review the concepts of various domestic maritime territories and examine the formation and change of policies. The article is structured as follows. Chapter 2 reviews past discussions on maritime territories and analyzes the concept of maritime territory based on them. The term "maritime territory" is used indiscriminately with islands due to the lack of discussion on this matter between academic circles in the past. Therefore, this chapter provides an in-depth analysis of the concept of maritime territory. Chapter 3 tracks the formation and change of maritime territorial policies. Today, the concept of domestic maritime territory has been completed in the public domain. The activities of the Ministry of Oceans and Fisheries, the control tower of domestic maritime territorial policies, are summarized to explain this concept. Chapter 4 analyzes the concept of maritime territory by comparing it with China's blue state territory (藍色國土). As China's concept of blue state territory has many similarities with maritime territory as a political base for China's maritime activities today, comparing these two concepts would be significant. Based on the above, Chapter 5 derives suggestions to promote maritime territorial policies.

• Korean Security Journal
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• no.32
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• pp.95-122
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• 2012

The ocean in the 21st century is getting emphasized as a treasury of natural resources and a growth engine for the nation. And nations around the world have entered into the hyper-competition to take the initiative for those marine resources. Under the situation, the Korea Coast Guard is devoting itself with full force to protecting maritime sovereignty, ensuring maritime safety and security and preserving the marine environment. Purpose of this study is to analyze Maritime Policing Act of 2012 and their problems and to suggest improvement measures. Objectives of Maritime Policing Act of 2012 is national Defence, policing for maritime security, protection of marine natural resources and marine facility in territorial waters and exclusive economic zone(EEZ) of Korea. Limits of Maritime Policing Act of 2012 are as follows. First, As organization related rules in Maritime Policing Act of 2012 are not enough, Maritime police agency Act should be revised and enacted in order to cope with future administrative demands and legal ground. Second, Article 22 penal regulation is more severe than regulations of another Act. Third, Article 14 should be made improvement for pre-prevention through the pre-report and the establishment of prohibition boundary in maritime demonstration.