나포된 불법조업 중국어선 및 선원에 대한 법원판결의 법·제도적 문제점과 개선방안- 인천지방법원 2015고합386 사건 판례를 중심으로 -

The 1994 United Nations Convention on the Law of the Sea(; UNCLOS) brought about major changes in the geographical and content of fishery activities in each country. in particular, the control and jurisdiction of fisheries resources in the coastal states was strengthened by the codification of 200 nautical miles Exclusive Economic Zones(; EEZ). and coastal states have improved their laws and systems in accordance with the maritime environment of their own countries, and it is increasingly possible to seize boats engaged in illegal fishing or detain crews. as a result, the incidence of disputes between flag state of illegal fishing boats and a detained country is increasing. In the meantime, China signed a「Korea-China Fisheries Agreement」in August 2000 with China facing the West Sea and the East China Sea. for illegal fishing boats who violate each other or violate their national laws, they have decided to allow boarding searches, seizures and judicial procedures in exercising the sovereign rights of coastal states. also we want to prevent abuse of power from coastal states through international law. Chinese fishing boats must engage in fishing agreed on in the provisional measures(; gray) zone by the「Korea-China Fisheries Agreement」, but they are naturally engaged in illegal fishing by invading the coastal state's EEZ or territorial waters. the number of Chinese boats engaged in illegal fishing and suspicious activities in the EEZ or territorial waters from 2011 to 2017 reached 1,966 boats, an average of about 280 boats per year. for nearly 18 years, China has been engaged in illegal fishing in violation of its intention as planned by ignoring the UNCLOS or the convention. Therefore, we got the cases of the Korean courts in regard to the illegal fishing chinese boats and crews seized in our waters by the maritime enforcement organization and a study on the problems of the present system and improvement plan.