DRAFT

September 9 1954

Dear General Hull:
I have the honor to take the liberty of informing you of the facts that the preservation of our fishery conservation line is a paramount interest to us and that there exist in Korea the Presidential Proclamation and certain laws with respect to the said conservation of fishery resources in adjacent seas of Korea. These laws provide legal grounds for capture and punishment of any person or vessel violating them.
Due to the development of large-scale and scientific method of fishing which, if uncontrolled, may exhaust the entire marine resources of the world, the old international notion that the world's marine resources are unlimited has had to undergo a considerable reconsideration. "Freedom of the seas" and "freedom of fishing on the high seas" became no longer reasonable as principles of international law. Thus, the need for regulation of fishing on the high seas has gradually developed which resulted in the conclusion of several international conventions. Many nations including the United States have taken measures to place a large part of northern Pacific under its jurisdiction conserving the marine resources. Some of the nations which have taken similar conservation measures for their marine resources are: Argentina, Canada, Chile, Consta Rica, Honduras, Iceland, Mexico, Panama, Peru, Saudi Arabia, and United Kingdom, etc.
The President of the United States issued two Proclamations under date of September 28, 1945, one of which was with respect to coastal fisheries. The Proclamation calls attention to "the inadequacy of present arrangements for the protection and perpetuation of the fishery resources" contiguous to the coasts of the United States and to the need of "improving the jurisdictional basis for conservation measures and international cooperation in this field." In consequence, the Proclamation provides that "the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States." It says, however, that the character as high seas of the areas in which such conservation zones are established and the right to their free and unimpeded navigation are in no way tens affected."
Even Japan, during her domination of Korea, enacted "Government-General Ordinance No.109 concerning limitation of trawler fishing area" and established conservation zones amend the Korean coast, which later became the basis of our own conservation zones. The Supreme Commander for Allied Powers (SCAP), during the Allied occupation of Japan, was cognizant of the need for regulating Japanese fishing activities and consequently issued several Directives to the Japanese Government on the matter. SCAP Memorandums to Japanese Government dated January 22, 1946; October 28, 1947; and June 30, 1949 are most noteworthy. In compliance with SCAP Directives, Japanese Government itself enacted several laws to enforce the Directives. Namely, they announced "Essentials for regulating westward ground-net-drawing fishing and trawler fishing" dated June 16, 1949 and also promulgated "Law for preventing exhaustion of marine resources" dated May 10, 1950. It is understood that even each Prefecture of Japan provides for the conservation of marine resources in its adjacent Coast by the Prefecture's own individual Decree, which is said to vary a little according to the need of each Prefecture.
The SCAP Directives set up a boundary-line in the centre of Japan Sea beyond which Japanese fishing vessels were forbidden to go fishing. The line commonly called "MacArthur Line" vas designed not only to regulate Japanese fishing but to prevent possible frictions over fishery between Korea and Japan. However, Japanese fishing vessels ignored the boundary-line, crossed it, came near Korean coast and recklessly exploited marine resources in adjacent seas of Korea, thus ruining the very purpose for which the boundary-line vas established. As many as 83 cases of violation of the MacArthur Line were reported during the period between 1947 and 1951. These are only known cases and there are naturally many more unknown cases of violations.
Under these circumstances, the Republic of Korea was compelled to take minimum measures to protect its adjacent seas from Japanese fishing encroachment which was expected to become more rampant after she had regained her sovereignty. The Korean Government, therefore, compelled by the dire need of safeguarding its marine resources from Japanese poaching, proclaimed on January 18„ 1952, in accordance with well-established international precedents, the Presidential Proclamation setting forth boundary-line around the adjacent seas of Korea within which the Republic of Korea would have sole jurisdiction. The Proclamation, however, makes it clear that it does not interfere with the rights of free navigation on the high seas.
The Republic of Korea also offered to settle the fishery question amicably with Japan each tine the Korea-Japan Conference vas resumed. Japan simply refused to recognize Korea's right to protect her own marine resources and continued to violate the boundary-line provided in the Presidential Proclamation. Their so-called Maritime Safety vessels - a sort of a Coast Guard - openly escorted Japanese fishing vessels into Korean waters in violation of the Proclamation.
Thereupon, Prize Court Order (Emergency Presidential Order No, 12) was promulgated on October 4, 1952, and the Prize Court and Higher Prize Court were established on the same date by Presidential Decres No.707 (Decree for establishment of the Prize Court and Higher Prize Court promulgated on October 14, 1952). In addition, Law for conservation of fishery resources (Law No.298) was promulgated on December 12, 1953 to enforce the provisions of the Presidential Proclamation. Thereafter, any fisherman or fishing-vessel, regardless of nationality, having violated these laws was brought to trial and justly vanished according to the offense.
The conservation boundary-line is commonly called as Peace-line, for it was established to prevent any fishing disputes that may arise between Korea and Japan. We shall welcome and respect the rights of other nations to establish similar conservation zone. If Japan should establish a conservation zone near her coast, we would respect it as we would wish them to respect ours. Not only in the field of fishing but in every other field, we wish to live with Japan as good neighbors, it has so far been Japan that rejected the extended hands of our friendship.
English translation of the relevant laws and Proclamation are herewith enclosed for your reference and information.
With my most cordial regards, I am

Yours very sincerely,

Yung Tai Pyun

Minister of Foreign Affairs

General John E. Hull,
Commander-in-Chief, United Nations Command, APO 500
Enclosure: As stated

DRAFT

September 9, 1954

Dear General Hull:
I have the honour now to draw your affention to now to draw your attention to the fact that the preservation of our fishery conservation line is a paramount interest to us and that there exist in Korea the Presidential Proclamation and certain laws with respect to the said conservation of fishery resources in adjacent seas of Korea. These laws provide legal grounds for capture and punishment of any person or vessel violating them.
Due to the development of large-scale and scientific method of fishing which, if uncontroled, may exhaust the entire marine resources of the world, the old international notion that the world's marine resources are unlimited has had to undergo a considerable change "Freedom of the seas" and "freedom of fishing on the high seas" are no longer reasonable as principles of international law. Thus, the need for regulation of fishing on the high seas has gradually fishery grown and, as a result, several international fishary conventions have come into being. Many nations including the United States have taken measures to place a large part of an open oceam under their jurisdiction ▣...▣ conserving their marine resources. Some of the nations which have taken such measures are: Argentina, Canada, Chile, Costa Rica, Honduras, Iceland, Mexico, Panama, Peru, Saudi Arabia and United Kingdom, etc.
The President of the United States issued two Proclamations under date of September 28, 1945, one of which was with respect to coastal fisheries. The Proclamation calls attention to "the inadequacy of present arrangements for the protection and perpetration of the fishery resources" contiguous to the coasts of the United States and to the need of "improving the jurisdictional basis for conservation measures and international cooperation in this field." In consequence, the Proclamation provides that "the United States regards it as proper to establish explicitly bounded conservation zones in which fishing activities shall be subject to the regulation and control of the United States." It says, however, that "the character as high seas of the areas in which such conservation zones are established and the right to their free and unimpeded navigation are in no way thus affected."
Even Japan, during her domination of Korea, enacted "Government-General Ordinance No.109 concerning limitation of trawler fishing area" and established conservation zones around the Korean coast. The Supreme Commander for Allied Powers (SCAP), during the Allied occupation of Japan, was cognizant of the need for regulating Japanese fishing activities and consequently issued several Directives to the Japanese Government on the matter. SCAP Memorandums to Japanese Government dated January 22, 1946; October 28, 1947; and June 30, 1949 are most noteworthy. In compliance with SCAP Directives, Japanese Government itself enacted several laws to enforce the Directives. Namely, they announced "Essentials for regulating westward ground-net-drawing fishing and trawler fishing" dated June 16, 1949 and also promulgated "Law for preventing exhaustion of marine resources" dated May 10, 1950. It is understood that even each Prefecture of Japan provides for the conservation of marine resources in its adjacent coast by the Prefecture's own individual Decree, which is said to vary a little according to the need of each Prefecture.
The SCAP Directives set up a boundary-line around Japan,fact fo which now through middle of the Zastirn Sea as between Korea amd Japan beyond which Japanese fishing vessels were forbidden to go fishing. The line, commonly called "MacArthur Line",was designed not only to regulate Japanese fishing but to prevent possible frictions over between Japan and its neighbors including Korea However, Japanese fishing vessels ignored the boundary-line, crossed it, came near Korean coast and recklessly exploited marine resources in adjacent seas of Korea, thus ruining the very purpose for which the boundary-line was established. As many as 83 cases of violation of the MacArthur Line were reported during the period between 1947 and 1951. These were only known cases but there were, of course, many more unverified cases of violation.
Under these circumstances, the Republic of Korea was compelled to take minimum measures to protect its adjacent seas from Japanese fishing encroachment which was expected to become more rampant after she had regained her sovereignty. The Korean Government, therefore, driren by the dire deed of safeguarding its marine resources from Japanese poaching, proclaimed on January 18, 1952, in accordance with well-established international precedents, the Presidential Proclamation setting forth boundary-line around the adjacent seas of Korea within which the Republic of Korea would have sole jurisdiction. The Proclamation, however, makes it clear that it does not interfere with the rights of free navigation on the high seas.
The Republic of Korea also offered to settle the fishery question amicably with Japan each time the Korea-Japan Conference was resumed. Japan simply refused to recognize Korea's right to protect her own marine resources and continued to violate the boundary-line Provided in the Presidential Proclamation. Their around vesslels of the Maritime Safety Guard openly escorted Japanese fishing vessels into Korean waters in violation of the Proclamation.
Thereupon, Prize Court Order (Emergency Presidential Order No.12) was promulgated on October 4, 1952, and the Prize Court and Higher Prize Court were established on the same date by Presidential Decree No.707 (Decree for Establishment of the Prize Court and Higher Prize Court promulgated on October 4, 1952). In addition, Law for conservation of Fishery Resources (Law No.298) was promulgated on December 12, 1953 to enforce the provisions of the Presidential Proclamation. Thereafter, any fisherman or fishing-vessel, regardless of nationality, having violated these laws was brought to trial and justly punished according to the offence.
The conservation boundary-line is commonly called as Peace-line, for it was established to prevent any fishing disputes that may arise between Korea and Japan. We shall welcome and respect the rights of other nations to establish similar conservation zone. If Japan should establish a conservation zone near its coast, we would respect it as we would wish it to respect ours. Not only in the field of fishing but in every other field, we wish to live with Japan as good neighbors. It has so far been Japan that rejected the extended hands of our friendship.
English translations of the relevant laws and Proclamation are herewith enclosed for your reference and information.
With my most cordial regards, I am

Yours very sincerely,

Yung Tai Pyun

Minister of Foreign Affairs

General John E. Hull,
Commander-in-Chief, United Nations Command, APO 500
Enclosure: As stated
CC;
1. America Embassary in Korea
2. Korean Embassary in U.S.A.