Supreme Court: "Locating Sunken Ships with Foreign Vessels Violates Territorial Waters Act"

Supreme Court. / Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that using foreign vessels without permission to investigate the seabed in search of a sunken ship constitutes a violation of the Territorial Waters Act.

On the 25th, the Supreme Court's Third Division (Presiding Justice No Taeak) confirmed the lower court's ruling sentencing Mr. A, who was indicted on charges including theft and violations of the Territorial Waters and Contiguous Zone Act, to six months in prison with a one-year probation.

Mr. A was prosecuted for using unauthorized foreign vessels in the waters around Jindo-gun, Jeollanam-do, and Taejongdae, Busan, in 2015 to search for sunken ships or to salvage or steal scrap metal from the sunken vessels.

In court, Mr. A's side argued that during the investigation, there was no need to obtain permission or approval from relevant authorities as it did not harm South Korea's peace, public order, or security. They also contended that "the sunken ship is ownerless or considered a wreck, so it is not subject to theft charges," and that "the salvage was intended to aid the distressed ship and its cargo."

The first and second trials sentenced Mr. A to six months in prison with a one-year probation. The first trial court stated, "There is no objective evidence to recognize that the shipowner completely abandoned rights to the scrap metal."

The second trial court also pointed out, "Investigative activities in territorial waters are presumed to be prohibited regardless of whether they harm peace, public order, or security," and "Mr. A conducted salvage operations to steal the ship and cargo, and it cannot be considered actual aid."

The Supreme Court agreed with this judgment. The court stated, "The lower courts did not err in their understanding of the law regarding foreign vessel passage and investigation under the Territorial Waters Act, ownership and possession in theft charges, and the Shipping Act's provisions on 'maritime cargo transport business,'" and dismissed all appeals.

This content was produced with the assistance of AI translation services.