Maritime Affairs and Fisheries Law
What the exam tests
수산업법, fisheries-related statutes, 배타적경제수역법, and enforcement against illegal fishing.
Core rules
- Fisheries are classified by legal regime: 허가어업, 신고어업, and 면허어업. Each has different entry requirements, validity periods, and transfer rules. Fishing without the required permission is illegal.
- 수산자원관리법 uses total allowable catch (TAC), closed seasons, size limits, and gear restrictions to conserve stocks.
- In the EEZ, Korea exercises sovereign rights over living resources. Foreign vessels need a permit and must comply with Korean law; Coast Guard officers may stop, board, inspect, and arrest for violations.
- IUU fishing (불법·비보고·비규제 어업) triggers administrative sanctions, catch confiscation, and port-state measures.
Worked example
A foreign trawler is found fishing in Korea's EEZ with no permit. The EEZ is not Korean territory, but Korea has sovereign rights over fisheries. The vessel is subject to Korean fisheries law and the EEZ Act. The Coast Guard may stop and inspect it, seize catch and gear, and detain the vessel under statutory procedures. The key reasoning is jurisdiction over resources, not territorial sovereignty.
Traps
Do not equate the EEZ with territorial waters. Do not confuse 허가어업 with 면허어업. Do not assume confiscation is automatic; check the statute and procedure.