• 해양환경안전학회지
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• 제8권2호
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• pp.45-52
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• 2002

Recently there have been growing disputes between neighboring local governments over jurisdictional rights or property rights of ocean resources in Korean coastal waters. The reasons for the disputes come mainly from the increasing interests by local governments that begin to see the oceans as the source of resources and wealth. The maritime dispute is more complicated and sticky than the inland ones, and requires not only socio-economical but political approach, therefore sometimes demanding a plenty of time and endeavor. Also coastal states that have suffered from maritime boundary problems have different issues under the different environment and historical background. For Korea, as the maritime boundary issue has very recently soared to the surface, though it was latent for the period as long as 20 years, we have just taken steps toward an institutional approach on it, seemingly more to go to reach an agreeable resolutions to the disputes. This paper highlighted the issues surrounding the maritime boundary on the sea surrounding Korean peninsular after addressing the current situation of the boundary disputes. It will help explore and assess the possible solutions to the boundary conflicts over the lateral boundary between local governments.

• Strategy21
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• 통권33호
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• pp.178-201
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• 2014

China National People's Congress has passed the bill to combine the Marine Law Enforcement into "State Oceanic Administration People's Republic of China". This bill was intended to resolve the overlapping jurisdiction and disputes caused in ocean territory in nearby countries. The purpose of reorganizing the administration was to combine the dispersed organization into one group. This new big administration was basically organized to increase the power of China marine state on the long-term. The reorganization plan is to group General Administration of Customs, China Marine Surveillance, Fisheries Law Enforcement Command, and Border Control Department into one State Oceanic Administration. The new state Oceanic Administration carries the authority to protect rights and enforce the marine law supported by Public Security Bureau. Korea Coast Guard has been cooperating with China Marine Surveillance since 1998 when the first pact was made. The next step expanded to General Administration of Customs. Currently working with Regional Maritime Law Enforcement organizations dealing mostly with illegal Chinese fishing boats and IEODO conflict. In order to solve the problems we face today is to observe the process of the New China Coast Guard administration, analysing the effects that could be caused by the change and to keep close cooperation between the new administrations.

• 해양환경안전학회지
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• 제18권3호
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• pp.227-233
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• 2012

해양은 지구상에서 제일 큰 물의 지리적 단위이다. 해양에 관한 국제법은 <유엔 해양법협약>으로 이는 지구상에서 유일한 <지구 헌법>이다. 동 협약에 의하여 세계 1/3의 해양이 연안국에 속하게 되었다. 다시 말해 해양의 이용권과 관리권을 연안국 중심으로 관할권을 주어서 연안국의 관할범위가 넓어지게 된 것이다. 이에 따라 세계 각국의 권력범위는 새로운 변화를 가져오게 되었다. 즉, 해양국토도 육지국토와 마찬가지로 한 국가의 중요한 물질적 조건이 된 것이다. 따라서 현재는 해양에 대한 전력이 그 어느 때 보다도 중요하게 되었다. 이제 해양은 국제 경제와 국제정치 및 군사투쟁의 중요한 무대로서 한 국가의 권익, 자원개발 및 이용에 관한 분쟁이 많이 나타나게 되었다. 이러한 분쟁을 해결하려면 강대한 종합적 국력과 함께 해양력이 필요한 것으로 분석되었고, 해양력에서 가장 큰 비중을 차지하는 것은 해양경찰력으로 나타났다.

• 한국항해학회지
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• 제25권3호
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• pp.283-296
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• 2001

As a matter of fact, the document which has been developed to resolve the obvious conflicts between the interests of buyer and seller is the bill of lading. The bill of lading provides the seller with some security against default by the buyer and the buyer with some assurance of performance of the seller before the buyer is required to make payment. So to speak, the B/L provides some extent protection for both seller and buyer. This is a study on the construction of Liner Bill of Lading(Code name : CONLINEBILL) adopted by BIMCO(The Baltic and International Maritime Conference) and is using a basic bill of lading in the liner ships operation. In this study, the writer makes a wider and deeper study of rights of rights and obligations of Contract Parties by means of the rules of construction, specially focusing the Carriers liability under Carriage of Goods by Sea Act 1971(COGSA 1971), Hague-Visby Rules and Korea Commercial Law.

• 항공우주시스템공학회지
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• 제11권2호
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• pp.35-42
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• 2017

본 연구에서는 중국의 해양정책과 전략을 구현하고 특히, 동아시아 국가들이 주장하는 해양 주권과 관할권이 중첩된 해역에서 주변국과의 해양 갈등.분쟁 시 자국의 항공력을 투사하기 위하여 중국방공식별구역(CADIZ)을 설정하고 운영하고 있는 중국의 의도를 분석한다. 또한 이러한 중국의 의도에 선제적으로 대응하고 한국방공식별구역(KADIZ)을 실효적으로 관리하기 위해 군사력 증강, 제주 항공기지 건설, 현(現) KADIZ 확장 등 다양한 측면에서 우리의 대응방안을 제시하고자 한다.

• 수산해양교육연구
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• 제28권6호
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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.

• 수산해양교육연구
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• 제3권1호
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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.

• Strategy21
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• 통권31호
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• pp.142-163
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• 2013

Ieodo is a submerged rock within a Korea's Exclusive Economic Zone(EEZ) in the East China Sea with its most shallow part about 4.6m below the sea level which has no specific rights for the EEZ delimitation. The United Nations Convention on the Law of the Sea (UNCLOS) stipulates that any coastal state has the rights to claim an EEZ that stretches up to 200 nautical miles from its shore, except where there is an overlap with a neighboring country's claims. Korea claims that Ieodo is within its EEZ as it sits on the Korean side of the equidistant line and the reef is located on the Korea section of the continental shelf. China does not recognize Korea's application of the equidistance principle and insists that Ieodo lies on its continental shelf. According to UNCLOS, Ieodo is located in international waters, rather than one country's EEZ as the two countries have failed to reach a final agreement over the delimitation of the maritime border. This study seeks to understand the evolution of the People's Liberation Army Navy(PLAN) strategy as main obstacles for the EEZ delimitation between Korea and China. PLAN's Strategy evolves from "coastal defense" to "offshore defence", since the late 1980s from a "coastal defence" strategy to an "offshore defence" strategy which would extend the perimeter of defence to between 200 nm and 400 nm from the coast. China's economic power has increased It's dependence on open trade routes for energy supplies and for its own imports and exports. China want secure Sea Lane. PLAN's "offshore defence" strategy combines the concept of active defence with the deployment of its military forces beyond its borders. China's navy try to forward base its units and to achieve an ocean going capability. China's navy expects to have a 'Blue Water' capability by 2050. China insists that coastal states do have a right under UNCLOS to regulate the activities of foreign military forces in their EEZs. China protests several times against US military forces operating within It's EEZ. The U.S. position is that EEZs should be consistent with customary international law of the sea, as reflected in UNCLOS. U.S. has a national interest in the preservation of freedom of navigation as recognized in customary international law of the sea and reflected in UNCLOS. U.S. insists that coastal states under UNCLOS do not have the right to regulate foreign military activities in their EEZs. To be consistent with its demand that the U.S. cease performing military operations in china's EEZ, China would not be able to undertake any military operations in the waters of South Korea's EEZ. As such, to preserve its own security interests, China prefers a status quo policy and used strategic ambiguity on the Ieodo issue. PLAN's strategy of coastal defence has been transformed into offensive defence, Korea's EEZ can be a serious limitation to PLAN's operational plan of activities. Considering China'a view of EEZs, China do not want make EEZ delimitation agreement between Korea and China. China argues that the overlapping areas between EEZs should be handled through negotiations and neither side can take unilateral actions before an agreement is reached. China would prefer Ieodo sea zone as a international waters, rather than one country's EEZ.

• 해양안보
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• 제8권1호
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• pp.41-71
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• 2024

국제적 무력충돌 상황에서 교전국의 교전권과 중립국의 무역 활동을 통한 경제적 이익의 이해 균형을 맞추고자 발달한 중립법상 '전시금제품 제도'는 19세기 해상무역의 발달에 따라 제도의 변천과 발전이 이루어지기 시작했다. 특히, 제1, 2차 세계대전을 거치면서 물자 통제의 범위가 확대되어 오늘날까지 지속되고 있으며, 군사용과 민간용으로 모두 사용될 수 있는 '조건부 금제품'의 군사적 사용을 막기 위한 추세로 발전했다. 이 과정에서 전시금제품 제도는 개념적으로 평시까지 확대되어, 국제기구를 중심으로 하는 '국제 수출통제 체제'가 형성되기도 하였다. 오늘날에도 여전히 전시금제품 제도는 유효하다. 하지만, 우리나라에는 한반도 유사시를 대비한 전시금제품 제도 관련 법령이나 지침은 부재한 실정으로 보인다. 전시금제품 목록 작성과 대외적 공표가 국제적 실행임을 고려하면, 우리나라도 이를 대비할 필요가 있다. 이에 본 논문에서는 중립법상 전시금제품 제도의 역사적 연원과 발전을 확인하고, 전시금제품 통제에 대한 국가실행을 시대 흐름에 따라 살펴 보고자 한다. 이를 통해 전시금제품 제도의 변천과 국가실행 변화가 한반도에 주는 함의를 도출하고자 한다.