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Full Access The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

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The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

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Abstract On April 20, decisions were issued in two cases concerning Chinese sailors engaged in illegal fishing activities. In one case, a Korean Coast Guard officer was stabbed to death in December 2011 in the process of detaining an illegal Chinese fishing vessel. The trial court, Incheon District Court – Criminal Division, handed down a 30 year prison term and fine of 20 million won to the captain of the Chinese vessel, Luwenyu no. 29, who was responsible for the stabbing. The other sailors and the captain of another Chinese vessel, Lihaoyu, were sentenced between 18 months to 5 years in prison for interfering with the detention. 1 The other case occurred in November 2011 where, in the process of detaining a Chinese fishing vessel that had intruded upon Korean territorial waters northwest of Chujado of Jeju to engage in fishing activities, Chinese sailors wounded 5 Korean Coast Guard officers, inflicting upon them injuries that required 2 to 7 weeks of recuperation. The Jeju Regional Court, an appellate court, affirmed the decision of the trial court – which sentenced the Chinese captain to one year and the other two sailors to 14 months – and dismissed the appeals. 2 The two cases show a strong determination on the part of the judiciary to deal with the systematic and violent resistance to the prevention of illegal fishing. This paper is a legal analysis of the detention of foreign vessels engaging in illegal fishing. It first looks at the international and domestic regulations concerning illegal fishing, and then proceeds to discuss the issues of security and immediate release following arrest.

Affiliations: 1: 253 Yong-Hyun Dong, Nam Gu, Inha University Law School, Incheon 402–751 Korea leeseokwoo@inha.ac.kr ; 2: Korea Maritime Institute KBS Media Center 9F, 45 Maebongsan-Ro, Mapo-Gu, Seoul 121–915 Korea yk405@daum.net

10.1163/22134484-12340005
/content/journals/10.1163/22134484-12340005
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Abstract On April 20, decisions were issued in two cases concerning Chinese sailors engaged in illegal fishing activities. In one case, a Korean Coast Guard officer was stabbed to death in December 2011 in the process of detaining an illegal Chinese fishing vessel. The trial court, Incheon District Court – Criminal Division, handed down a 30 year prison term and fine of 20 million won to the captain of the Chinese vessel, Luwenyu no. 29, who was responsible for the stabbing. The other sailors and the captain of another Chinese vessel, Lihaoyu, were sentenced between 18 months to 5 years in prison for interfering with the detention. 1 The other case occurred in November 2011 where, in the process of detaining a Chinese fishing vessel that had intruded upon Korean territorial waters northwest of Chujado of Jeju to engage in fishing activities, Chinese sailors wounded 5 Korean Coast Guard officers, inflicting upon them injuries that required 2 to 7 weeks of recuperation. The Jeju Regional Court, an appellate court, affirmed the decision of the trial court – which sentenced the Chinese captain to one year and the other two sailors to 14 months – and dismissed the appeals. 2 The two cases show a strong determination on the part of the judiciary to deal with the systematic and violent resistance to the prevention of illegal fishing. This paper is a legal analysis of the detention of foreign vessels engaging in illegal fishing. It first looks at the international and domestic regulations concerning illegal fishing, and then proceeds to discuss the issues of security and immediate release following arrest.

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/content/journals/10.1163/22134484-12340005
2013-01-01
2016-12-04

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