이어도 및 해양과학기지의 법적 지위

Abstract

This study has primarily focused on the Maritime Jurisdiction Regime of Korea and China with reference to Ieodo issue including the legal status of Marine Scientific Research Station. Ieodo is a submerged rock located 82 nautical miles south to the Marado island, the southern most korean territory. Traditionally Ieodo has been an special concern to korean people, as the rock had been told as an utopia to fishermen wrecked in a storm. The fact that Ieodo is really present was ascertained in 1900 when a british ship called Socotra found the rock. Ieodo is not an island which could has territorial sea, EEZ, and continental shelf around itself. According to the LOS Convention, Ieodo is neither a rock nor a low-tide elevation. It is only a submerged rock which any country could not claim sovereignty and establish maritime zones. What is certain is that the underwater rock is within Korea's maritime jurisdiction. South Korea established a multi-purpose comprehensive Marine Scientific Research Station(installation) over the Ieodo in 2003. That installation could provide many kinds of useful informations on the ocean and weather forecasting, maritime traffic safety and disaster prevention by monitoring the marine conditions in real time. Regarding to the building of that Marine Scientific Research Station of Ieodo, China has contested that the location of the station is in the disputed area between Korea and China. The East China Sea resource controversy is one of the most contentious elements of international conflicts in maritime boundaries. Geographically, this semi-enclosed sea is surrounded by the continents including Korea, China, and Japan with irregular coasts and islands of all possible sizes, locations, and economic utilities. China claimed that East China Sea continental shelf is a single continental shelf as a whole which is originated from main land of China. China stressed the geographical characteristics of the continental shelf of the East China Sea should be considered as a relevant circumstance in maritime delimitation. And China claimed that delimitation of continental shelf in the East China Sea should be settled by consultation between the parties on the basis of the theory of natural prolongation of land territory. Regarding to the delimitation of continental shelf in the East China Sea, Korea has suggested the median line as a general rule on the legal basis of the delimitation of continental shelf and rejected China's natural prolongation principle. Although some chinese NGOs have raised territorial claim over Ieodo, Chinese Government has never raised such claim over this tiny submerged rock. Given the fact that Ieodo is not entitled to maritime jurisdiction such as territorial sea, EEZ, and continental shelf, china's protest against Korea's maritime jurisdiction over Ieodo and its surrounding area seems to be related to the natural resources which may be found in the future. Which means that it is not a simple problem for Korea to neglect never. Besides keeping an eye on the maritime jurisdiction relating to exploitation and exploration of natural resources, the sensitiveness of location of Ieodo and Marine Scientific Research Station should not be ignored. For Ieodo is situated in a strategic point to watch Chinese navy's deployment into the Pacific Ocean, it can play an essential role in China's military acts and traffic routes over the countries along the Pacific Oceans costal. Many countries including China will give various their own opinions and interpretations about the new regime of law of the sea in the way that will do good for each country to ensure and strengthen their rights of the sea and these will remain a precedent effecting in the related fields in the future. Therefore, Korea should not only regard Ieodo just as a submerged rock, rather, need to make an effort to secure, rule and exercise maritime jurisdiction over Ieodo and it's surrounding area on legal and realistic aspects, continually.