>>From www.mnd.go.kr
The Northern Limit Line is an effective sea demarcation line created for the
purposes of maintaining the Armistice Agreement. The NLL must be respected by
the ROK and North Korea pursuant to the spirit of the Armistice Agreement and
the terms of the South-North Basic Agreement, and the ROK will defend the NLL.
¡ÝOn July 27, 1953, the United Nations Command agreed on the military
demarcation line on land as the front line at the time of the Armistice
Agreement. However, there was no agreement on the sea demarcation line. The
armistice talks ended under the following terms:
¡ÝArticle 2, Paragraph 13 of the Armistice Agreement provides:
-Within ten (10) days after this Armistice Agreement becomes effective,
withdraw all of their military forces, supplies, and equipment from the rear
and the coastal islands and waters of Korea of the other side.
-The term "coastal islands", as used above, refers to those islands
which, though occupied by one side at the time when this Armistice
Agreement becomes effective, were controlled by the other side on 24 June
1950; provided, however, that all the islands lying to the north and west
of the provincial boundary line between HWANGHAE-DO and KYONGGI-DO shall
be under the military control of the Supreme Commander of the Korea People's
Army and the Commander of the Chinese People's Volunteers, except the
island groups of PAENGYONG-DO, TAECHONG-DO,
SOCHONG-DO, YONPYONG-DO and U-DO.
¡ÝA point of note in the above provision is that the both sides agreed that
the coastal islands and waters between the 38th parallel and the provincial
boundary line between Hwanghae-do and Kyonggi-do were under the ROK's
control before the start of the war and at the time of the Armistice
Agreement.
-That is, the UNC agreed to return all the islands under its control above
the 38th parallel to North Korea and pull back to the 38th parallel.
However, this would result in the complete naval blockade of Haeju and
Ongjin peninsula which are below the 38th parallel. Therefore, the UNC gave
one more concession and agreed to return several islands below the 38th
parallel and near the North Korean coastline, which should have been under
the ROK control.
¡ÝTherefore, the waters between the 38th parallel and the provincial
boundary line between Hwanghae-do and Kyonggi-do, which were under the ROK
control at the time of the Armistice Agreement, remain under the ROK's
jurisdiction despite the lack of specific provision thereon in the Armistice
Agreement, pursuant to the spirit of the Armistice Agreement.
¡ÝOn August 30, 1953, the Commander of the UNC established the Northern
Limit Line on the East Sea following the extension of the land military
demarcation line(38¡Æ36¡Ç06¡ÈNorth) and on the West Sea, in accordance with
the 3-mile standard and the midpoints between the five islands and
Ongjin peninsula, in order to limit ROK Navy and Air Force patrols,
thereby eliminating unnecessary misunderstandings and conflicts at
sea. This was a measure designed to comply with Article 2, Paragraph 13 of
the Armistice Agreement. Therefore, the NLL is an implicit
but clear sea military demarcation line under the Armistice Agreement.
¡ÝNorth Korea claims that it cannot recognize the Northern Limit Line
because it was established unilaterally. However, during the past 46
years, North Korea has, time and again, accepted and abided by the NLL. In
May, 1963, a North Korean vessel carrying North Korean spies was sunk in the
West Sea, and at the subsequent 168th Plenary Session of the Military
Armistice Commission,
-In response to the UNC's statement that the spy vessel was sunk because it
had crossed the NLL, North Korea stated that the spy vessel had never
crossed the NLL. This response may be said to presume the existence
of the NLL.
¡ÝHowever, in October and November of 1973, North Korea intentionally
violated the NLL, which had been respected by both sides to maintain the
status quo since the Armistice Agreement, 43 times (approximately 60 ships)
in what was called the Western Islands Crisis. However, the ROK responded
strongly to these violations to put an end to the crisis, and the NLL
continued to exist.
¡ÝThe 346th Plenary Session of the Military Armistice Commission held on
December 1, 1973 in response to the Western Islands Crisis, North Korea, for
the first time, claimed that the waters to the north of the extension of the
provincial boundary line between Hwanghae-do and Kyonggi-do are territorial
waters of North Korea and that the ships entering and leaving the five West
Sea islands would need to receive prior approvals from North Korea.
-However, the claim of jurisdiction over the waters to the south of the
extension of the provincial boundary line violates the Armistice Agreement,
and the claim that North Korean approvals are needed to enter the five West
Sea islands violates Article 2, Paragraph 15 of the Armistice Agreement
which provides that neither side shall engage in blockade of any kind of
Korea.
-Article 2, Paragraph 15 of the Armistice Agreement provides, "* * * naval
forces shall respect the waters contiguous to the Demilitarized Zone and to
the land area of Korea under the military control of the opposing side, and
shall not engage in blockade of any kind of Korea."
¡ÝThere are other instances in which North Korea, in effect, recognized the
NLL after the 1973 Western Islands Crisis. For example, North Korea agreed
in September 1984 that the North Korean ships carrying relief items for
flood victims would meet the ROK ships at the NLL. In addition, when the
North Korean naval vessels crossed the NLL up until now, they retreated
back to north when the ROK vessels sent out warnings.
¡ÝFurthermore, the NLL is recognized in the South-North Basic Agreement as
the sea demarcation line of nonaggression.
-Article 11 of the Basic Agreement, entered into in 1992, provides, "The
South-North demarcation line and the areas for nonaggression shall be
identical with the Military Demarcation Line provided in the Military
Armistice Agreement of July 27, 1953, and the areas that each side has
exercised jurisdiction over until the present time."
-Article 10 of the Protocol on the Implementation and Observance of
Chapter II, Nonaggression, of the Basic Agreement provides, "Discussions
regarding the South-North sea demarcation line of nonaggression shall
continue. Until the sea demarcation line has been finalized, the
nonaggression areas of the sea shall be those that have been under the
jurisdiction of each side until the present time."
¡ÝAs we have seen above, the Northern Limit Line must be respected as a
sea demarcation line between South and North, in the absence of agreements
to the contrary.
-The meaning of the provision which provided that the discussions on sea
demarcation line of nonaggression shall continue is that if the Basic
Agreement is faithfully executed, and a stable peace exists in the Korean
peninsula, a new sea demarcation line, reflecting the new realities, could
be established.
¡ÝEver since the Armistice Agreement was concluded, the ROK exercised its
jurisdiction over the areas to the south of the NLL. Although there were
occasions in which North Korea violated this line, the ROK effectively
repulsed such violations and exercised its jurisdiction openly and
effectively. On the other hand, North Korea, from time to time, has
refused to recognized the NLL, it has never exercised jurisdiction over the
area to the south of the NLL.
¡ÝIn conclusion, the NLL is a clear and effective sea demarcation line
based on the Armistice Agreement and the Basic Agreement. Therefore, the NLL
is non-negotiable, and without any agreement between the ROK and
North Korea, the ROK will defend this area. North Korea's claim that the
provincial boundary line between Hwanghae-do and Kyonggi-do is the sea
demarcation line is a violation of the Armistice Agreement and is merely a
subterfuge to repeal the Armistice Agreement, South-North Basic
Agreement and the Northern Limit Line. Any discussions on the
establishment of a new sea demarcation line must take place at the
South-North Joint Military Commission, pursuant to the South-North Basic
Agreement and the Protocol thereto.
¡ÝAt the 9th Panmunjom General Officers Talks on July 21, 1999 which took
place after the West Sea Naval Engagement on June 15, 1999,
-North Korea repeated its claim that the extension of the provincial
boundary line between Hwanghae-do and Kyonggi-do is the sea demarcation line
under the Armistice Agreement and demanded a three-party talk among the ROK,
North Korea and the United States to discuss the sea demarcation line.
-In response, the UNC stated that the Northern Limit Line is the de facto
sea military demarcation line and that the South-North Joint Military
Commission should be utilized to discuss the sea demarcation line.
-The provincial boundary line between Hwanghae-do and Kyonggi-do, claimed
by North Korea, is merely a line offered by the UNC, which had the
complete control over this area, as the line to divide the military
control over the coastal islands. The military control over the islands
below the provincial boundary line and the five western islands (which are
located to the north of the provincial boundary line) remain with the UNC
while the military control over the rest of the islands to the north and
west of this line is transferred to North Korea.
-Furthermore, the attached map 3 clearly states that the provincial
boundary line has no other meaning and no other meaning may be attached
thereto, thereby preventing the provincial boundary line from being
interpreted as a sea demarcation line or a frontline at sea.
-Therefore, North Korea's claim that the extension of the provincial
boundary line between Hwanghae-do and Kyonggi-do should be established as
the sea demarcation line of nonaggression is an arbitrary interpretation
that violates the provisions of the Armistice Agreement which prohibits
attaching any other meanings to the provincial boundary line.
¡ÝFurthermore, the ROK cannot accept the North Korea's proposal to discuss
the sea demarcation line in a three-party talk among the ROK, North Korea
and the United States. If the raised issue involves the violation of the
Armistice Agreement or the interpretation of the Armistice Agreement, such
issue is a matter for the Panmunjom General Officers Talks. However, the
General Officers Talks do not have the authority to decide on a new sea
demarcation line, and the three-party talk, proposed by North Korea, has no
such authority, either.
¡ÝTherefore, discussions on a new sea demarcation line should take place at
the South-North Joint Military Commission, as both parties agreed under
the South-North Basic Agreement. The three-party talk proposal by North
Korea, which unilaterally has been avoiding the performance of the terms of
the Basic Agreement, is merely a repetition of its idea that any military
matters affecting the security of the Korean Peninsula should be discussed
between North Korea and the United States. Therefore, the UNC and the ROK
cannot accept such a proposal.
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