• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.1
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• pp.49-58
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• 2014

The illegal fishery act committed Chinese fishing vessels have not been stopped and Korea Coast Guard(KCG) has been injured or killed by chinese fishing forces, even though the Korean Government has been trying to control the illegal fishery and repeated violent act committed by Chinese fishing vessels in our Exclusive Economic Zone. Moreover, some problems in relation to the control process of KCG to suppress the illegal foreign fishing vessels has been exposed in spite of extensive efforts of Korean Government. Improper law enforcement of KCG in relation to foreign fishing vessels would cause international dispute between related states, although the control process to the illegal fishing vessels at sea is in a way of due law enforcement process forming a State's power. To this end, this paper examines the problems raised during the control process which is including the visit and inspection of illegal Chinese fishing vessels and law enforcement process exercised by KCG and presents practical solutions through analyzing the related materials, professional's opinion and recent cases.

• The Journal of Fisheries Business Administration
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• v.24 no.1
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• pp.45-64
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• 1993

The law of territorial sea is a fundamental law by which the width of sovereign domain of a coastal state is determined. The P.R.China'a regime on the territorial sea was established through the Declaration on China's Ttrritorial Sea of 1958 and the P.R.China's Territorial Sea and Contiguous Zone Law of 1992. And the P.R.China's consistent policy on the territorial sea can be summarized as follows ; \circled1 The adoption of the straight baseline and 12 nautical miles of the territorial sea width, \circled2 The foreign merchant vessels can enjoy the right of innocent passage, while requesting for prior permission for the foreign military vessels on the entry into territorial sea. \circled3 The Chiungchow Strait and the Bohai Bay are claimed as the internal waters. \circled4 Enlistment of the whole coastal islands including the Taiwan. 12 nautical miles of the territorial sea width can be recognized as lawfull with respect to the 1982 UNLOS Convention. But the P.R.China's Territorial Sea and Contiguous Zone Law of 1992 contains some problems on the legality viewed in the light of customary international law. Firstly, it can be said that the adoption of simple straight baseline is not reasonable, and it must be investigated closely on the hidden intention of China. Secondly, there involved some possibility of international dispute on making Tung Tao which is 69 nautical miles apart from the mainland of a basepoint and on making the Bohai Bay of a historic bay. And also public notification of all basepoints for the straight baselines is necessary to meet the requirement of customary international law, Thirdly, two military zones established unilaterally in 1950 are illegal with respect to the customary international law, and they must be repealed deservedly. Fourthly, there have a lot of restrictions on the innocent passage even for foreign merchant vessels by the municipal law such as the Maritime Traffic Safety Law. As a conclusion, the P.R.China's territorial sea regime contains some illegal elements such as unilateral expansion of the maritime sovereignty or jurisdiction. In order to meet the general principle of the international law, the P.R.China's territorial sea policy must be modified on the basis of multilateral agreement with the states concerned. And Korea, as a state with opposite, has a definite right to take countermeasure agaist the P.R.China's contiguous zone.

• Strategy21
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• s.43
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• pp.5-28
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• 2018

The tensions between the U.S and China, which form the two pillars of the G2 era, seem to have persisted even after the Trump administration inaugurated. The strong confrontation between the two in recent foreign security issues may drive to develop an inadvertent military conflict, and it is high likely to occur in the maritime are. The purpose of this study is not only to analyze the balance of modernized naval forces in the PLAN through naval strategy changes and weapons system modernization trend, but also to predict the impact of the geographical proximity difference on the balance of naval forces in the disputed areas. It examined the impact of distance and geography on naval power by assessing the modernization pattern of the PLAN and capabilities in the context of two scenarios at different distances from China by 2020: one centered on Taiwan and the other on the Spratly Islands. The PLAN's strategy had impact on operational concept and forces construction. First, from the viewpoint of operation operational concept, it can be seen that the passive defense is changing into active defense. Second, in terms of power construction, it can threaten the surface and submarines of U.S power from a distance. And they generated follow three features; The ocean is not the focus of Chinese submarines, Horizontal and vertical expansion of Chinese naval vessels, The improvement of the suppression ability as the Chinese naval modernization ratio increases. The strength of the PLAN is dominant over the U.S in terms of reserves, and it can complement the qualitative deterioration by utilizing nearby bases in the vicinity of the mainland, such as the Taiwan Strait. However, due to the shortage of aircraft carriers, there is a possibility that it will take some time to secure the advantage of air and ocean in the amphibious operation. Therefore, as the dispute is prolonged, China may fail to achieve its original goal. In addition, the lack of cutting edge Commanding Ships may bring to weaken the C2 capabilities. At results, it is expected that PLAN will not be able to have a superiority in the short term due to lagging behind U.S advanced technology. Nevertheless, PLAN has strengthened its naval power through modernization sufficiently and it is highly likely to use force. Especially, it is more likely in the region where the naval power operation like the Taiwan Strait is possible with the almost equality to that of the United States. China will continue to use its naval forces to achieve a rapid and decisive victory over U.S in the close area from the land.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.52 no.3
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• pp.209-219
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• 2016

The survey was conducted to investigate biomass and distribution of fisheries resources using a quantitative echo sounder and a fixed gillnet around Marado coast of Jeju to obtain the scientific basic data for dispute resolution with a large purse seine fishery and coastal fishing and policy establishment of reasonable fisheries resources. Hydroacoustic surveys were conducted six times (November 28~29, 2015 (night), February 23~24, 2016 (night) and March 3~4, 2016 (night/day), March 30~31, 2016 (night/day)) using a quantitative echo sounder. The pelagic fish densities were relatively higher around Marado in November 2015, February 2016 and March 3~4, 2016. However, demersal fish densities were relatively higher in Jeju coastal waters on March 30~31, 2016. Catch data using fixed gill net were used to calculate biomass. Based on the hydroacoustic data, fish length-weight function and target strength information of dominant fish, the biomass of fishes were estimated as follow: 5.64 ton CV = 70.2% at night on November 28-29 2015, 7.14 ton CV = 35.8% of pelagic fish and 530.77 ton CV = 34.6% of demersal fishes at night on February 23-24 2016, 2.34 ton CV = 56.7% of pelagic fish and 571.93 ton CV = 40.3% of demersal fish at daytime, 1.39 ton CV = 48.4% of pelagic fish and 194.59 ton CV = 54.3% of demersal fish at night on March 3~4 2016, 0.37 ton CV = 72.9% of pelagic fish and 338.79 ton CV = 99.7% of demersal fish at daytime, 0.24 ton CV = 21.3% of pelagic fish and 68.61 ton CV = 53.8% of demersal fish at night on March 30~31 2016.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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• v.19 no.4
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• pp.223-231
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• 2014

In order to prevent the spread of non-indigenous aquatic species through the ballast water in commercial ships, International Maritime Organization (IMO) adopted in 2004 the International Convention for Control and Management of Ship's Ballast Water and Sediments. The Convention mandates treatment of ballast water for most transoceanic voyages and its confirmation of treatment is made with plankton live/dead assay. Fluorescein diacetate assay (FDA), which produces bright green light for live phytoplankton, has been a de facto standard method to determine the survival of marine plankton, but its staining efficacy has been in dispute. In the present study, we examined the limitation of FDA, and compared its efficacy with Neutral red (NR) staining, another promising assay and widely used especially for zooplankton mortality. For all phytoplankton species studied in the present study, except Ditylum brightwellii, the staining efficiency was <50% with FDA. The green FDA fluorescence interfered with phytoplankton autofluorescence in most samples. In contrast, NR assay stained over 90% of both phytoplankton and zooplankton species tested in this study. FDA assay also showed that green FDA fluorescence rapidly faded when phytoplankton cells were exposed to microscope light. Both FDA and NR assay were negative on formalin-killed individuals of both phytoplankton and zooplankton species. Our results suggest that NR assay is more effective for determining the survival of marine plankton and can be applied to test the efficacy of ballast water treatment.

• Maritime Security
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• v.5 no.1
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• pp.113-136
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• 2022

China has been pushing for a systematic strategy for territorialization over a long period of time to invade Korea's West Sea (Yellow Sea) in order to create China's territorial water. China's strategy for territorializing the West Sea is an activity in which China curbs the use of South Korea and enforces the illegal use of China in order to dominate the West Sea exclusively. China aided Chinese fishing boats that engaged in illegal fishing in Korea's jurisdiction as a means to territorialize the West Sea, and is opposed to combined exercise and training of Korea and the United States Naval Forces in the West Sea, while intentionally entering KADIZ(Korea Air Defense Identification Zone). In addition, Beijing used 'scientific exploration and research' measures as a pretext for its strategies in order to encroach on Korea's West Sea. China is carrying out such work to announce to the world that China is a systematic and organized country while consistently attempting to dominate the West Sea. China's activities in the West Sea seriously infringe South Korea's sovereignty. In order to respond to China's strategies of territorialization in the West Sea stated above, I analyzed the rejection effect of the ROK-US combined military training in the West Sea and presented a 'proportional response strategy centered on the ROK-US combined forces'. Korea should be able to respond proportionally to China's activities in the seas around the Korean peninsula, and Korea should be able to neutralize China's attempt to a Fait Accompli. In addition, just as China installs buoys in the Korea-China Provisional Measures Zone, Korea should be able to install and actively utilize some devices in the West Sea and for the use of free and open West Sea. Korea should not just wait for the tragic future to come without preparing for China's gradual and long-term strategy, and Seoul needs to respond to China's maritime policy in the West Sea with a more active attitude than it is now. China has historically taken a bold and aggressive response to neighboring countries that are consistent with a passive attitude, on the other hand, Beijing has taken a cautious approach to neighboring countries that respond with an active attitude. It should not be forgotten that Korea's passive response to the Chinese strategy in the name of a 'realistic approach' such as Korea's economic dependence on China for economy will result in China's success for territorialization of the West Sea.

• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.37-43
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• 2015

At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.

• Journal of the Korean association of regional geographers
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• v.7 no.4
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• pp.105-119
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• 2001

Currently serious conflicts arose for the use of coastal area in Korea. However, there is no mediation program or mediators' activities for conflict resolution which are shown in the developed countries. Even though, the MOMAF(Ministry of Maritime Affairs and Fisheries) was established in 1997 and the Division of Coastal Zone Management under the Ministry took over the authority to establish ICM program and formulated the CZMA(Coastal Zone Management Act) in 1998 after understanding the seriousness of coastal degradation due to the importance of coastal zone management and the understanding of dispute resolution, it still lacks consistency among legislative power on the continuous policy for wise coastal use and management which results coastal conflicts. The objective of this study is to lay the evaluation criteria for the formalized objective evaluation among disputants of coastal conflicts for the better understanding and characterizing of coastal conflicts in Korea. In order to do so, this study has adopted the PCA(Principal Component Analysis) for the subtraction of the components of evaluation mechanism to describe the present conditions of conflicts in the selected study area(Sihwa lake), to analyze the problems, and then to explore alternative approaches for resolving the conflicts. As research methodologies, we have depended upon literature review and field survey methods. As field survey methods, we employed structured questionnaires for the various samples from the experts of research institutes, professors, representatives of NGOs and citizens. Survey results suggested that 5 representative elements comprising 35 detailed elements could be identified. Based on these results, this study was able to identify and classify the evaluation mechanism and help to resolve coastal conflicts in Korea.

• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• The Southeast Asian review
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• v.28 no.4
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• pp.31-76
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• 2018

This article explores why the two Southeast Asian countries, Vietnam and the Philippines, choose different strategies to cope with the Chinese threat. Despite the evident Chinese threat in the South China Sea, Vietnam has not meaningfully expanded the military cooperation with the United States, whereas the Philippines, ironically, has distanced itself with its ally, the United States. Existing studies on the topic does not offer a satisfactory explanation. We assign that two cases are examples of "underbalancing" - the failure of balancing even though there is an evident threat. Furthermore, we demonstrate the difference between cases of the Philippines and Vietnam by arguing that the number of veto players affects the outcome of foreign policy, underbalancing of two countries. The Philippines has only one veto player, the president, hence its response to external threats is incoherent. On the other hand, the number of veto players in Vietnam is more than one and those players demand negotiation among them on the matter of foreign policy. Upon analyses on two cases we argue that the former is the case of underbalancing caused by a lack of policy stability, while the latter is the case of underbalancing caused by a lack of policy responsiveness.