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对马海峡韩国侧法律制度与实践概述

  It can be concluded that the principle adopted is 12 nautical miles according to with some exceptions, the straight baselines that the Republic of Korea has employed link basepoints of islands lying on the outer fringe of the Korean coast and on the issue of the delimitation of the territorial sea, Korea adheres to the equidistance-median rule without substantial modification in the amendment. The fundamental exception was specifically defined by the annex to the Presidential Decree No. 8994 of promulgated on April 29th, 1978, Regulation Concerning the Date if Entry into Force of the Territorial Sea Law and Other Related Matter, as the breadth of the territorial sea in the Korea Strait as 3 nautical miles. Concretely, in the Table 2 of Enforcement Decree of Territorial Sea and Contiguous Zone Act No.9162 on September 20th, 1978 amended by Presidential Decree No.13463 on September 7th, 1991, No.15133, July 31st, 1996 and No. 17803, December 18th, 2002, the outer limits of the Territorial Sea in the Korea Strait can be read as: 1)The outer line at a distance of the three nautical miles measured from the straight baselines joining, in order, Basepoint 5 (1.5 Meter Am), Basepoint 6 (Saeng Do) and Basepoint 7 (Hong Do); 2) The line drawn from Basepoint 5 (1.5 Meter Am) at 127 degrees intersects the above-mentioned line at a point which is three nautical miles from the Basepoint 5. From this intersection point a line drawn at 93 degrees intersects the outer limit line of twelve nautical miles measured from the baseline; 3) The line drawn from Basepoint 7 (Hong Do) at 120 degrees intersects the line mentioned in number one above at a point which is three nautical miles from Basepoint 7. From this intersection point a line drawn at 172 degrees intersects the outer limit line of the twelve nautical measured from the baseline. As a result, in the Western Channel of Korea Strait the equidistance-median line was not adopted or drawn for its short fall coverage of the whole Channel by the two countries’ claimed territorial sea.


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