白翎島 및 西海 5島의 管轄水域에 관한 硏究 = A Study of Korean maritime jurisdiction : with special reference to the Paengyong Island and five islands on the west coast of Korea

다국어 초록 (Multilingual Abstract)

An Asan Scholarship Foundation Award of 1978 enabled the author to begin work on the present study which carried to fruition the ideal ways in which the peace and security of West Sea might be promoted Without the generous financial support of the Asan Foundation this study could have neither been undetaken nor completed.
This study deals with maritime jurisdiction and boundary problem of five islands on the west Coast of Korean Peninsula. Thooseislands are under the soverign power of the Republic of Korea before and after Korean Military Armistice Agreement was signed in 1953.
Agreement between the Commander in Chief United Nations Command on the one hand and the Supreme Commander of the Korean Peoples Army and the Commander of the Chinese Peopleis Volunteers on the other hand Concering a Military Armistice in Korean, Panmumjom, July 27, 1953. The article 2 pare, 13b stated that within in ten(10) days after Armistice Agreament become effetive withdraw of their military forces, supplies and equipment from the rear and the coastal islands and waters of Korea of the other side. If such military forces are not withdrawn within the stated time limit, and there is no mutually agreed and valid reason for the delay,,the other side shall have the right to take any action which it deams necessary for the maintenance of security and order The term “Coast island” as used above, refers to those islands which though occupied lay one side at the time when this Armistice Agreement becomes effective, were controlled lay the other side on June 24, 1950: Provided, however that all the islands lying to the north and west of the Provincial boundary line between Hwanghae Do and Kyonggi Do shall under the military control of the Supreme Commander of the Korean Peoples Army and the Commander of the Chinese Peoples Volunteers, except the island groups of Paengyong Do (37°58′N, 124°40′E) Taechong Do (37°50′N, 124°42′E) Sochong Do (37°46′N, 124°46′E) Yongpyng Do (37°38′N, 125°40′E) and U-Do (37°36′N, 125°58′E) which shall remain under the military control of the Commander in chief of United Nations Command. All the island on the west coast of Korea lying south of the above mentioned boundary line shall remain under the military control of the Commander in chief of United Nations Command.
Korean military Armistice Agreement Provided in detail DMZ for the border land, however, said nothing about sea boundaries This legislative silence has become the source of friction between North and South for more than 20 years.
This study investigated the nature of legal issues, geographical condition, North limit line, fishery retreat line, military operation line, short history, and legel claims of both side as regard to the five islands.
The study reveals that boudary problem of the islands will be resolved completely when korean is unified. Panengyong Island is extremly important for the Republic of Korea, The island is situated in the final frontier of north west coast of the Republic of Korea. The Panengyong Island is the base line of Korean territorial sea, exclusive economic zone, Continental shelf and other maritime jurisdictons Presently, Red china, Japanese, North Korea fishermen are engaged in fisheries at off shore of Paengyong Island The Paengyong Island may be characterized as the most congested and troublesome are in term of ocean boundary, exploitationg of seabed resources, military operation and peaceful. use of the west sea, This paper urged that the basin states of west sea must fully cooperate to establish an order which it can be mutually agreeable and obsovable in term of convention.
Maintenance of peace and security of the west sea especially 5 islands, is vitally important for this part of the world not only for peaceful use of sea but for friendly relation and cooperation among the basin states. The rules of law of the sea and customary international law must govern all the matter relating to maritime jurisdiction in the area.
If there is peace in the Paengyong Do why not we go.

목차 (Table of Contents)

• Ⅰ. 序 論
• Ⅱ. 白翎島 및 西海 5島의 地理
• Ⅲ. 西海 5島 水域의 性質
• Ⅳ. 休戰水域
• Ⅴ. 結 論