초록 열기/닫기 버튼

2000. 8. 3. 체결되고, 2001. 6. 30. 발효된 한중어업협정의 대상수역 중, 한중 양국의 과도수역이 2005. 6. 30. 각각 양측의 EEZ에 편입되었다. 이처럼 이 과도수역의 도입과 그 소멸에 따른 어업수역체제의 전환이라는 내용이 중심이 된 한중어업협정은 국제사회의 유용한 선례로서 그 의미가 매우 크다. 한편 한중어업협정이 비교적 조기에 타결될 수 있었던 것은 양국의 이해관계를 합리적으로 조정한 ‘과도수역’이라는 독창적인 어업수역제도 도입 때문에 가능하였다. 따라서 본 연구는 ‘과도수역’의 도입과 소멸로 대표되는 동 어업협정의 독창성과 유용성에 대한 의미와 가치에 대하여 심도 있게 분석함으로써 해양법 발전에 기여함은 물론, 우리가 체결한 조약이 주요한 국제적 선례로서 기능함에 있어 부족함이 없게 하는데 그 목적이 있다. 이와 같은 목적을 달성하기 위하여 본 연구는 우선 ‘한중어업협정과 과도수역’에 대해 고찰하고자 한다. 이어서 새로운 어업수역체제의 구조에 대한 분석으로서‘EEZ어업제도가 실시되는 수역’과 ‘EEZ어업제도가 유보되는 수역’으로 구분하여 고찰하였다. 마지막으로 본 연구는 결론으로서 새로운 어업수역체제가 갖는 의미와 가치, 그리고 새로운 어업수역체제의 지향점을 제시하고자 한다.


A Study on the New Fishery Zone System in the South Korea-China Fishery Agreement The South Korea-China Fishery Agreement was concluded on August 3, 2000 and took effect on June 30, 2001. Meanwhile, the transitional zones of both sides were incorporated into their EEZ(Exclusive Economic Zone)s as of June 30, 2005. As a result, the fishery order has come to a new turning point in the waters of Yellow Sea and East China Sea: our and China's fishing boats have been forbidden to fish in the counterparts' transitional zones without permission since then. Such a change requires the both countries' perfect preparations for implementing the EEZ fishery system in Yellow Sea and East China Sea: with the jurisdiction waters increased by the expansion of EEZs in scope, it is necessary for the two countries to largely expand equipment and manpower and fix regulations and institutions. Therefore, this study aims to analyze and examine "a new fishery zone system by the disappearance of transitional zones", one of several factors to consider in seeking plans for solving the above tasks facing South Korea and China, thus establish an exemplary fishery order between neighboring and opposite countries and contribute to the promotion of good-neighborly relations between the both countries. To attain such goals, this study first analyzes and evaluates the transitional zones which enabled "the South Korea-China Fishery Agreement" to be early concluded and fully had a proper function of buffing the conflicts between South Korea and China. Subsequently, the study limits its scope to analyzing and examining the fishery order in each zone by dividing the zones into EEZ and non-EEZ in connection with the structure of a new fishery zone system and, in conclusion, to presenting the plans for constructing a new fishery order in the waters under jurisdiction of the Agreement.


A Study on the New Fishery Zone System in the South Korea-China Fishery Agreement The South Korea-China Fishery Agreement was concluded on August 3, 2000 and took effect on June 30, 2001. Meanwhile, the transitional zones of both sides were incorporated into their EEZ(Exclusive Economic Zone)s as of June 30, 2005. As a result, the fishery order has come to a new turning point in the waters of Yellow Sea and East China Sea: our and China's fishing boats have been forbidden to fish in the counterparts' transitional zones without permission since then. Such a change requires the both countries' perfect preparations for implementing the EEZ fishery system in Yellow Sea and East China Sea: with the jurisdiction waters increased by the expansion of EEZs in scope, it is necessary for the two countries to largely expand equipment and manpower and fix regulations and institutions. Therefore, this study aims to analyze and examine "a new fishery zone system by the disappearance of transitional zones", one of several factors to consider in seeking plans for solving the above tasks facing South Korea and China, thus establish an exemplary fishery order between neighboring and opposite countries and contribute to the promotion of good-neighborly relations between the both countries. To attain such goals, this study first analyzes and evaluates the transitional zones which enabled "the South Korea-China Fishery Agreement" to be early concluded and fully had a proper function of buffing the conflicts between South Korea and China. Subsequently, the study limits its scope to analyzing and examining the fishery order in each zone by dividing the zones into EEZ and non-EEZ in connection with the structure of a new fishery zone system and, in conclusion, to presenting the plans for constructing a new fishery order in the waters under jurisdiction of the Agreement.