외무부장관이 유엔군사령부 사령관 헐(John E. Hull)에게 보내는 서한
DRAFT
August 18, 1954
Dear General Hull:
I have the honour of informing you that there exist in Korea certain laws and the Presidential Proclamation with respect to the conservation of fishery resources in adjacent seas of Korea and that 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 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. Mary nations including the Unied States have taken measures to place a large part of norther Pacific under its Juridiction for the purpose of conserving the marine resources.
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, "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, which later became the basis of our own conservation zones. The Supreme Commander for Allied Powers (SCAP), during its 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.
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" was 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 exoloited marine resources in adjacent seas of Korea, thus ruining the very propose for which the boundary-line was established. As many as 83 cases of violation of the MacAnthur 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, in accord ance with will compelled by the dire need of safeguarding its marine resources from Japanese poaching, proclaimed on January 18, 1952,(based on 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.
Republic of Korea also offered to settle the fishery question amicably with Japan eachtime its Korea-Japan Conference was resumed Japan simply refused to recognize Korea's right to protect her 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 Decree No.707 (Decree for establishment of the Prize Court and Higher Prize Court promulgated on October, 4 1952). In addition, Law for consecration 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 viola ed. these laws was brought to and 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 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
I have the honour of informing you that there exist in Korea certain laws and the Presidential Proclamation with respect to the conservation of fishery resources in adjacent seas of Korea and that 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 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. Mary nations including the Unied States have taken measures to place a large part of norther Pacific under its Juridiction for the purpose of conserving the marine resources.
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, "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, which later became the basis of our own conservation zones. The Supreme Commander for Allied Powers (SCAP), during its 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.
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" was 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 exoloited marine resources in adjacent seas of Korea, thus ruining the very propose for which the boundary-line was established. As many as 83 cases of violation of the MacAnthur 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, in accord ance with will compelled by the dire need of safeguarding its marine resources from Japanese poaching, proclaimed on January 18, 1952,(based on 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.
Republic of Korea also offered to settle the fishery question amicably with Japan eachtime its Korea-Japan Conference was resumed Japan simply refused to recognize Korea's right to protect her 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 Decree No.707 (Decree for establishment of the Prize Court and Higher Prize Court promulgated on October, 4 1952). In addition, Law for consecration 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 viola ed. these laws was brought to and 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 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
Enclosures: As stated
Commander-in-Chief, United Nations Command, APO 500
Enclosures: As stated
색인어
- 이름
- Yung Tai Pyun, John E. Hull
- 지명
- Korea, Korea, Unied States, the United States, the United States, United States, the United States, Japan, Korea, Japan, Japan Sea, Korea, Japan, Korea, Republic of Korea, Korea, the Republic of Korea, Republic of Korea, Japan, Korea, Japan, Japan, Korea, Japan, Japan, Japan, Japan
- 관서
- Japanese Government, Japanese Government, Japanese Government, The Korean Government, Prize Court, Higher Prize Court, Prize Court, Higher Prize Court
- 단체
- Supreme Commander for Allied Powers (SCAP)
- 문서
- SCAP Memorandums
- 기타
- Government-General Ordinance, SCAP, SCAP, MacArthur Line, MacAnthur Line, Prize Court Order
