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Recent Developments in Korean Polar Policy and Legislation

In: Asia-Pacific Journal of Ocean Law and Policy
Author:
Seokwoo Lee Professor of Law, Inha University Law School, Incheon, Korea, leeseokwoo@inha.ac.kr

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Korea has long recognized the humanitarian and national significance of the Arctic and Antarctic. Korea has actively participated in scientific research in the Antarctic and has promoted economic cooperation with the Arctic nations. Korea joined the Antarctic Treaty System in 1986; established the Antarctic King Sejong Station in 1988, the Arctic Dasan Station in Ny-Ålesund, Norway in 2002, and the Antarctic Jang Bogo Station in 2014; and joined the Svalbard Treaty in 2012. Furthermore, Korea has participated in summits with the Arctic nations since 2008. In 2009, then President Lee Myung-Bak visited Russia, Greenland, and Norway to promote cooperation in shipbuilding, energy resources, among others, over the Northern Sea Route. In 2018, Korea announced the Policy Framework for the Promotion of Arctic Activities of the Republic of Korea (2018–2022) and the 2050 Polar Vision.

The Korean government’s polar activities are underpinned by policies and plans, which include the Basic Plan of Antarctic Research (2007–2011, 2012–2016, 2017–2021), Measures for the Advancement of Polar Region Policy (2012), Comprehensive Arctic Plan (2013), and Korean Arctic Master Plan (2013–2017, 2018–2022). In April 2021, the Korean government passed the Polar Activities Promotion Act,1 which embodies the legal framework for Korea’s commitment to the polar region. This note will focus on recent developments in Korean polar policy and legislation.

Vision 2050 for the Polar Regions and Seven Promotion Strategies

In December 2018, the Minister of Oceans and Fisheries announced ‘Vision 2050 for the Polar Regions’ during the Arctic Partnership Week held in Busan. The aim of the ‘2050 Polar Vision’ is to provide long-term policy direction for Korea’s activities in both the Arctic and the Antarctic regions.

Vision 2050 for the polar regions advocates for seven strategies in response to the challenges and opportunities of the polar regions: 1) Promoting polar policies to preemptively respond to climate change; 2) Making efforts to secure new energy sources and resources in the polar regions; 3) Revitalizing future new industries in the polar regions as a new growth engine; 4) Innovation of research on the polar regions and generation of practical outcomes; 5) Active participation in the international community’s efforts to conserve the polar environment; 6) Building trust with the local and indigenous communities of the polar regions and preserving their social and cultural traditions as a common heritage of humankind; and 7) Enhancing policy capabilities such as expansion of research infrastructure and training professional manpower.

The seven strategies embodied in Vision 2050 constitute the guideline to establish “A Master Plan for Promotion of Research Activities in Antarctica” and “A Master Plan for Promotion of Research Activities in the Arctic,” which are both drawn up every five years. Based on this blueprint, Korea intends to play a role that can contribute to the common prosperity of mankind through peaceful and sustainable development in the polar regions.

The following provides further details of the seven strategies:

  1. 1.Promoting polar policies to preemptively respond to climate change: i. (Monitoring climate change) Establishment of an integrated observation system for climate change in the polar regions by developing satellite payloads for polar observation and unmanned & autonomous exploration equipment; ii. (International joint research) Promotion of “ace Initiative” (Arctic Ocean Cooperative Expedition Initiative) to conduct a comprehensive study of climate change in the central Arctic Ocean by forming an international research vessel by utilizing the “Araon” and a second ice-breaking research vessel; iii. (Public service) Improvements in weather forecast for the Korean Peninsula by all-around observation of changes in the polar regions; providing alerts and warnings for sea-level rise and big data services. Promoting the establishment of “Arctic-East Asia Climate Network Center” (tentatively named) to collaborate research on weather between the Arctic circle countries and East Asian countries (Korea, China, Japan).
  2. 2.Making efforts to secure new energy sources and resources in the polar regions: i. (Arctic resources cooperation) Securing a new national energy and resource supply and demand network through international cooperation and investment that participate in development projects for energy and minerals in the Arctic and transportation; ii. (Geological survey on Antarctica) Promoting an international joint geological survey to evaluate the potential of Antarctica and to generate plans for sustainable development and reasonable use in the future.
  3. 3.Revitalizing future new industries in the polar regions as a new growth engine: i. (Logistics) Promotion of trans-Eurasia logistics initiatives linking railways, roads, aviation and telecommunications including the Northern Sea Route; Expanding infrastructure such as port facilities; ii. (polar tourism) Developing the cruise tourism such as launching “Asian Polar Cruise” that connects the Pan East Sea, Far East Russia and the Bering Sea and participation in the international tourism cooperation system (The International Association of Antarctica Tour Operation); iii. (Fishery) Advancing high-tech aquaculture and fishery industry into the Arctic; Making efforts to host the Secretariat of the Regional Fisheries Management Organization for the High Seas in the Central Arctic Ocean;2 Leading research on fishery resources and ecosystem.
  4. 4.Innovation of research on the polar regions and generation of practical outcomes: i. (Technological innovation) Introduction of the 4th industrial revolution technologies such as robots, IoT (Internet of Things) and drones to research on the polar regions; Reaching 90% scientific level (currently 67%) compared to advanced countries through next-generation research such as civil engineering in extreme cold regions; ii. (Practical use of polar technology) Support for biopharmaceutical development by utilizing the characteristics of polar organisms and a test bed for extreme technology through the “Cooperation Center for Reproducing Polar Environment and Practical Use”.
  5. 5.Active participation in the international community’s efforts to conserve the polar environment: i. (Response to polar change) Research on greenhouse gases such as methane gas emission due to thawing of permafrost; Promotion of international cooperation to minimize emissions of pollutants through activities in the polar regions; ii. (Protection of marine environment) Promoting cooperative projects with the Arctic Council and imo to come up with measures to prevent polar marine pollution such as oil pollution and marine plastics in the polar regions; Leading in preparation for necessary international norms; iii. (Conservation of ecosystem) Opening the results of evaluation and prediction of the ecosystem’s response, capacity, and resilience to external factors such as the introduction of alien species and climate change; Sharing the results with the international community.
  6. 6.Securing a bridgehead to advance into the Arctic by expanding exchanges: i. (Humanities and social exchange in the Arctic) Forming a multinational “Arctic Knowledge Sharing Network” at the private level, including research institutes and ngo s to share problems related to the Arctic and seek solutions; ii. (Conservation of indigenous culture) Strengthening cooperation in education, culture, exchange, disease control, and tourism to maintain the inherent lifestyle and traditions of indigenous peoples in the Arctic; iii. (Cooperation for improvement of living conditions) Promoting cooperation and investment in social infrastructure such as establishing communication infrastructure for sustainable development in the Arctic, development of smart cities and telemedicine.3
  7. 7.Enhancing policy capabilities such as expansion of research infrastructure and training of professional manpower: i. (Research infrastructure) Securing the 3rd science base in Antarctica (Inland base), the 2nd science base in the Arctic and high-tech ice-breaking research vessels to expand research bases to the Inland of Antarctica and the North Pole;4 ii. (Training professional manpower) Promoting “Polar 100 Program” to train 100 polar experts every year based on the predicted demand for manpower due to the increased activities in the polar regions;5 iii. (Creating a system) Establishing an integrated polar policy to cover both the Antarctic and the Arctic; Enacting the Act on the Promotion of Activities in the Polar Regions to promote systematic and comprehensive polar policies.

The Polar Activities Promotion Act

In April 2021, the Korean government passed the Polar Activities Promotion Act,6 which constitutes the legal framework for Korea’s commitment to the polar region. Korea’s commitment to the polar region is reflected in the purpose of the Act, which is to design and implement of the basic policy for the promotion of polar activities.

The Act, is comprised of 16 articles, structured as follows: Purpose (Article 1), Basic Ideology (Article 2), Definition (Article 3), State’s Obligation (Article 4), Relations with other Legislations (Article 5), Planning and Implementing the Basic Policy for the Promotion of Polar Activities (Article 6), On-site Investigation (Article 7), Assistance to Research Development (Article 8), Strengthen Professional Human Resources (Article 9), Promotion of Economic Activities at Polar Region (Article 10), Establishment and Management of the Infrastructure for Polar Activities (Article 11), Promotion of the International Cooperation (Article 12), Establishment and Management of the Polar Integrated Intelligence System (Article 13), Protection of Polar Environment and Safety Measure (Article 14), Education and Public Relations (Article 15), and Delegation of the Duty and Authority (Article 16). Further subordinate acts and legislation are proposed; however, this Act certainly laid the groundwork to design, establish, support, and promote Korea’s polar activities.

Act on the Promotion of Activities in the Polar Regions

(Entered into force on 14 October 2021, Act No.18055, Enacted on 13 April 2021)

Article 1 (Purpose)

The purpose of this Act is to pursue the development of the national economy and improvement of the quality of life for the people by prescribing matters necessary for sustainable development of the polar regions and for the fostering and support for systematic activities in the polar regions, and to contribute to solving the problems common to mankind in the international community.

Article 2 (Basic Principle)

  1. 1.Activities in the polar regions shall be conducted in a comprehensive manner to meet the common interests of mankind, and for ecological, cultural and economic values to co-exist harmoniously.
  2. 2.Activities in the polar regions shall be operated in a forward-looking manner to keep in balance and harmony with conservation of the polar environment, and in conformity with sustainable development of the polar regions.

Article 3 (Definition)

The terms used in this Act are defined as follows:

  1. 1.The term “the Antarctic” means the land, ice shelves (referring to large sheets of ice floating on the ocean surface that are connected to landmasses) waters, and skies in and over the area south of 60º South Latitude;
  2. 2.The term “the Arctic” means the land, ice shelves, waters and skies over the area north of 66º and 30’ North Latitude;
  3. 3.The term “polar regions” means the Antarctic and the Arctic;
  4. 4.The term “polar environment” means the natural condition (including ecosystem and natural landscape) which includes all living things in the polar regions and non-living things that surround them;
  5. 5.The term “resources in the polar regions” means the resources beneficial for the national economy and livelihood such as living resources, mineral resources, energy, tourism resources, and spatial resources, etc. in the polar regions which can be facilitated for development and utilization;
  6. 6.The term “activities in the polar region” means the activities concerning management, conservation, development and use of the polar environment and resources in the polar regions.

Article 4 (Duties of the State)

The State shall comply with polar-related international treaties concluded with foreign countries and international organizations, peacefully use the polar regions, enhance international cooperation concerning the polar regions, and endeavor to solve problems such as climate change and exhaustion of resources that are common to mankind.

Article 5 (Relationship to Other Statutes)

Except as otherwise provided in other Acts, activities in the polar regions shall be governed by this Act.

Article 6 (Establishment and Implementation of a Master Plan for Promotion of Activities in the Polar Regions and Action Plans for Promotion of Activities in the Polar Regions)

  1. 1.The Minister of Oceans and Fisheries shall establish a master plan for the promotion of activities in the polar regions (hereinafter referred to as “a master plan”) every five years in consultation with the heads of relevant central administrative agencies to promote activities in the polar regions. In such case, matters related to the promotion of research activities in the Antarctic in the master plan shall be linked to the master plan for promotion of research activities in the Antarctic pursuant to Article 21 of the Act on Activities in the Antarctic Area and the Protection of Antarctic Environment.
  2. 2.A master plan shall include the following matters:
    1. a.Matters concerning the basic direction of activities in the polar regions, promotion system and strategies;
    2. b.Matters concerning the objective to be pursued for research on the polar regions and securing financial resources;
    3. c.Matters concerning the development strategy for science and technology pertaining to the polar regions;
    4. d.Matters concerning the development of high-tech research equipment for research in the polar regions;
    5. e.Matters concerning the training of professional personnel in the polar regions and support for polar-related research institutes;
    6. f.Matters concerning the promotion of sustainable development of the Arctic and promotion of economic activities in the Arctic;
    7. g.Matters concerning the installation and management of infrastructure for activities in the polar regions;
    8. h.Matters concerning building and operation of an integrated system for the polar regions pursuant to Article 13;
    9. i.Matters concerning the protection and safety management of the polar environment;
    10. j.Other matters necessary for the promotion of activities in the polar regions.
  3. 3.When the Minister of Oceans and Fisheries establishes or modifies a master plan, the Minister shall refer to the State Council for deliberation, provided that the foregoing shall not apply when the Minister modifies minor matters as prescribed by Presidential Decree.
  4. 4.The Minister of Oceans and Fisheries shall establish an action plan for the promotion of activities in the polar regions (hereinafter referred to as “an action plan”) every year in consultation with the heads of relevant central administrative agencies to implement the master plan.
  5. 5.Except as provided in paragraphs (1) through (4), matters necessary to establish and implement a master plan and an action plan shall be prescribed by Presidential Decree.

Article 7 (Fact-Finding Survey)

  1. 1.The Minister of Oceans and Fisheries may conduct fact-finding surveys on activities in the polar regions, etc. to effectively establish and implement a master plan and an action plan.
  2. 2.Where it deems necessary to conduct fact-finding surveys, the Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, heads of local governments, heads of public institutions as defined in the “Act on the Management of Public Institutions,” and heads of other related institutions and organizations to submit materials.
  3. 3.A person who received a request pursuant to paragraph (2) shall comply with such request unless a special ground exists not to.
  4. 4.The scope and the means for conducting a fact-finding survey pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.

Article 8 (Support for Research and Development, etc.)

  1. 1.The State shall establish and pursue the policies necessary for the promotion of research and development related to the polar regions.
  2. 2.To vigorously facilitate research and development related to the polar regions, the State may, within the budget, support projects such as collaboration between universities, research institutes and companies and joint research and development.

Article 9 (Training of Professional Personnel)

The State shall establish and pursue the policies necessary to train professional personnel in the field of the polar regions.

Article 10 (Promotion of Economic Activities in the Arctic)

The State shall establish the policies necessary to promote economic activities in the Arctic such as exploiting the Northern Sea Route, etc.

Article 11 (Installation and Operation of Infrastructure for Activities in the Polar Regions)

  1. 1.The State may operate by installing or securing the following infrastructure necessary for activities in the polar regions:
    1. a.Research stations in the polar regions;
    2. b.Vessel such as icebreakers (referring to a vessel with special equipment to provide waterways by breaking and crushing ice in the ocean);
    3. c.Aircraft;
    4. d.Other facilities and equipment necessary for activities in the polar regions as prescribed by Presidential Decree.
  2. 2.The State shall take necessary measures for universities, research institutes or companies to actively utilize the infrastructure installed and operated pursuant to paragraph (1) for activities in the polar regions

Article 12 (Promotion of International Cooperation)

The State may initiate or support the activities such as exchange of information on activities in the polar regions, technological collaboration, joint inspection and research with foreign countries and international organizations in order to promote international cooperation for activities in the polar regions.

Article 13 (Building and Operation of Integrated Information System for the Polar Regions)

  1. 1.The Minister of Oceans and Fisheries may set up and operate an integrated information system for the polar regions that can systematically manage information on the polar regions as well as activities in the polar regions to promote activities in the polar regions.
  2. 2.The Minister of Oceans and Fisheries may request the heads of relevant central administrative agencies, heads of local governments, heads of public institutions as defined under the Act on the Management of Public Institutions and heads of other related institutions and organization to submit materials necessary for setting up and operating an integrated information system for the polar regions. In such case, a person who received a request to submit materials shall comply with such request unless a special ground exists not to.
  3. 3.Except as provided in paragraphs (1) and (2), other matters necessary to set up and operate an integrated information system for the polar regions shall be governed by Ordinance of the Ministry of Oceans and Fisheries.

Article 14 (Protection of Polar Environment and Safety Management)

  1. 1.Any person who is engaged in activities in the polar regions shall endeavor not to contaminate the polar environment.
  2. 2.The Minister of Oceans and Fisheries shall prepare a safety management system as prescribed by Presidential Decree to prevent accidents which may arise from activities in the polar regions and to promptly respond in the event of an accident.

Article 15 (Education and Public Relation)

The State may advance projects on education and public relations to inform people of the value of and activities in the polar regions.

Article 16 (Delegation and Entrustment of Authority or Task)

  1. 1.The authority entrusted to the Minister of Oceans and Fisheries under this Act may be partially delegated to the head of an affiliated institution as prescribed by Presidential Decree.
  2. 2.The tasks conferred to the Minister of Oceans and Fisheries under this Act may be partially entrusted to marine-related specialized institutions or organizations.

Addenda (No.18055, 13 April 2021)

This Act shall enter into force six months after the date of its promulgation.

1

Law No. 18055. This act was enacted on 13 April 2021 and was enforced on 14 October 2021.

2

This is to be established after successfully concluding the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (November 2017).

3

Cooperation in the development of communication infrastructure such as submarine cables and telecommunication by utilizing Korea’s advanced ict technology to overcome communication obstacles caused by the earth’s magnetic field.

4

Through the Korean Route Project (K-Route, 2017–2022), exploration of an overland research route (3,000 km) from Jangbogo Station on the Antarctic coast to the South Pole and building a base inland.

5

Operation of a human resource training course in the form of a network between domestic and foreign universities and research institutes that are coupled with polar-related education and research capabilities; Linking to polar-related jobs.

6

The English version of the Act is translated by the author.

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