해양경계획정 이전의 잠정체제로서 한국의 이어도 해양과학기지에 대한 입장 재조명: 중국 양식시설 문제와 한중 해양질서에 대한 시사점

This article examines the legal and practical significance of the Korean government’s position on the Ieodo Ocean Research Station in the context of maritime use between Korea and China. It further explores the implications of this position for Korea’s response to recent developments concerning Chinese aquaculture installations, as well as for shaping the future maritime order between the two States. Korea’s position on the Ieodo Station reflects an interim framework of jurisdiction over the exclusive economic zone (EEZ), based on the equidistance/median line, pending maritime boundary delimitation. Although such a framework was neither incorporated into Articles 74(3) and 83(3) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) during its drafting at the Third United Nations Conference on the Law of the Sea, nor is it generally regarded as a prevailing interpretation of those provisions, Korea’s position on the Ieodo Station may nevertheless exert practical influence as a form of interim order consistent with its overall stance on maritime boundary delimitation. The Ieodo Station may serve as a central component in shaping the status quo in maritime practice between Korea and China. Furthermore, the current controversy surrounding Chinese aquaculture installations cannot be properly understood in isolation from the positions that both States have maintained regarding the Station. While Korea should maintain flexibility in its approach, it should also recognize that the Ieodo Station and its associated legal position may serve as a stepping stone toward shaping a median line–based status quo for maritime use within the broader framework of Korea–China relations.