ECJ의 유엔해양법협약 제220조 제6항의 해석과 북극항로에 주는 시사점 - 보스포러스 퀸 호 판결을 중심으로 -

In 2018, the ECJ delivered a preliminary ruling on the interpretation of Article 220(6) of the UNCLOS at the request of the Finnish Supreme Court. The case arose from domestic litigation following an oil pollution incident caused by the foreign-flagged vessel Bosphorus Queen navigating in Finland's EEZ. The Finnish Supreme Court submitted ten questions seeking interpretation of the aforementioned provision.This study analyzes the key issues addressed in the judgment. The ECJ meticulously examined Article 220(6) of UNCLOS, providing guidelines required in marine environmental law litigation, including the scope of coastal States' "resources and related interests" protected by the provision, the meaning of "clear objective evidence," factors to be considered in assessing major damage, and whether the ecological sensitivity of the Baltic Sea should be taken into account. Furthermore, the judgment is significant in that it strikes a balance between recognizing coastal States' jurisdiction over marine environmental protection and preventing arbitrary enforcement by establishing clear evidentiary standards. The ECJ's judgment offers the following implications for the Republic of Korea's policy regarding future Arctic shipping routes to Europe. First, it is necessary to establish a response system incorporating clear evidentiary standards in preparation for potential environmental disputes when utilizing Arctic routes that pass through the European Sea including the ecologically vulnerable Baltic Sea. Second, clear guidelines for applying Article 220(6) of UNCLOS in Korean waters must be developed in anticipation of increased foreign vessel traffic. Third, Korea should seek international recognition of the ecological sensitivity of the waters surrounding the Korean Peninsula, which are similar to the semi-enclosed Baltic Sea, and explore ways to utilize this recognition in future dispute resolution processes.