Article 1(Purpose) #
The purpose of this Act is to protect rights and interests of the Republic of Korea in the sea and contribute to establishing international maritime order by prescribing the sovereign right exercised by the Republic of Korea and jurisdiction thereof regarding its exclusive economic zone and continental shelf in accordance with the United Nations Convention on the Law of the Sea (hereinafter referred to as the "Convention").
[This Article Wholly Amended by Act No. 14605, Mar. 21, 2017]
Article 2(Scope of Exclusive Economic Zone and Continental Shelf) #
(1) The exclusive economic zone of the Republic of Korea shall be the zone, excluding the territorial sea of the Republic of Korea, stretching up to 200 nautical miles outwards from the baseline referred to in Article 2 of the Territorial Sea and Contiguous Zone Act (hereinafter referred to as the “baseline”) in accordance with the Convention. <Amended by Act No. 14605, Mar. 21, 2017>
(2) Under the Convention, the continental shelf of the Republic of Korea comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance: Provided, That where the continental margin extends beyond 200 nautical miles from the baselines, the outer edge thereof shall be established pursuant to the Convention. <Newly Inserted by Act No. 14605, Mar. 21, 2017>
(3) Notwithstanding paragraphs (1) and (2), the delimitation of the exclusive economic zone and continental shelf between the Republic of Korea and states with opposite or adjacent coasts (hereinafter referred to as the "relevant states") shall be established by agreement with the relevant states on the basis of international laws. <Amended by Act No. 14605, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 10523, Apr. 4, 2011]
Article 3(Rights in Exclusive Economic Zone and Continental Shelf) #
(1) The Republic of Korea shall have the following rights in the exclusive economic zone under the Convention: <Amended by Act No. 14605, Mar. 21, 2017>
1. Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and the sovereign rights with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
2. Jurisdiction as provided for in the Convention with regard to the following:
(a) The establishment and use of artificial islands, installations and structures;
(b) marine scientific research;
(c) The protection and conservation of the marine environment.
3. Other rights as provided for in the Convention.
(2) The Republic of Korea shall have the following rights in the continental shelf under the Convention: <Newly Inserted by Act No. 14605, Mar. 21, 2017>
1. Sovereign rights to explore its continental shelf;
2. Sovereign rights to exploit mineral of the seabed and subsoil, other non-living resources and sedentary species (referred to in Article 77 (4) of the Convention);
3. Other rights as provided for in the Convention.
[This Article Wholly Amended by Act No. 10523, Apr. 4, 2011]
Article 4(Rights and Duties of Foreign States or Foreigners) #
(1) In the exclusive economic zone and continental shelf of the Republic of Korea, foreign states or foreigners may, on condition that they shall comply with the relevant provisions of the Convention, enjoy the freedom of navigation, overflight, the laying of submarine cables or pipelines, and other internationally recognized lawful uses of the sea in relation to the freedom. <Amended by Act No. 14605, Mar. 21, 2017>
(2) In exercising the rights and performing the duties in the exclusive economic zone and continental shelf of the Republic of Korea, foreign states or foreigners shall have due regard as to the rights and duties of the Republic of Korea and shall comply with its statutes. <Amended by Act No. 14605, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 10523, Apr. 4, 2011]
Article 5(Exercise etc. of Rights by the Republic of Korea) #
(1) Except as otherwise provided for in the agreement with foreign states, the statutes of the Republic of Korea shall govern in the exclusive economic zone and continental shelf of the Republic of Korea, in order to exercise or protect the rights referred to in Article 3. The same shall also apply to the legal relations in respect of artificial islands, installations and structures in the exclusive economic zone and continental shelf. <Amended by Act No. 14605, Mar. 21, 2017>
(2) The Republic of Korea shall not exercise its rights in its exclusive economic zone under Article 3 in the area beyond the median line between the Republic of Korea and relevant states unless agreed separately between the relevant states and the Republic of Korea. In this case, the term "median line" means the line in respect of which the lineal distance from each point on such line to the nearest point on the baseline of the Republic of Korea is equivalent to the lineal distance to the nearest point on the baseline of the relevant states.
(3) The relevant agency may take necessary measures including the exercise of the right of hot pursuit referred to in Article 111 of the Convention, stopping or boarding vessels, inspection, arrest and judicial proceedings against the persons who infringe the rights referred to in Article 3 in the exclusive economic zone and continental shelf of the Republic of Korea or who are deemed to be under suspicion of violating the statutes of the Republic of Korea applied in relation to the relevant exclusive economic zone and continental shelf. <Amended by Act No. 14605, Mar. 21, 2017>
[This Article Wholly Amended by Act No. 10523, Apr. 4, 2011]