The Korea Coast Guard seizes a foreign vessel for illegal fishing in March 2024. /Courtesy of Korea Coast Guard

The Supreme Prosecutors' Office said on the 13th that it ordered six prosecutors' offices, including the Incheon Prosecution Service, to respond strictly by imposing higher collateral deposits than before when foreign fishing boats are caught illegally operating in Korea's exclusive economic zone (EEZ).

A collateral deposit is money or valuables that serve as a condition for releasing a vessel seized for illegal fishing in the EEZ and its detained captain. The amount of the collateral deposit is determined by a prosecutor under the law.

Amid growing calls for a tough response to foreign fishing boats engaged in illegal operations, the National Assembly is pursuing legal amendments to toughen penalties for violations of the "Economic Zone Fisheries Sovereignty Act." The Supreme Prosecutors' Office revised the "criteria for imposing collateral deposits for illegal fishing" on the 6th to raise collateral deposits even before the law is amended.

Previously, the amount or cap of collateral deposits was differentiated by type of violation and vessel size. However, recently, foreign fishing boats engaged in illegal operations have been responding in an organized manner by "pooling" collateral deposits, reducing the effectiveness of law enforcement.

The Supreme Prosecutors' Office revised the criteria for imposing collateral deposits, uniformly raising the cap by violation type to the upper limit of the statutory penalty. For conduct involving false or incomplete entries in fishing logs, which carries a statutory fine of up to 200 million won, the previous criteria allowed a maximum collateral deposit of 40 million won, but under the latest measure, deposits of up to 200 million won can be imposed.

Recently, two foreign fishing boats recorded only 681 kilograms of their 4,762 kilograms of catch in Korea's EEZ in their fishing logs and created a separate space in the fish hold to hide the rest, before being seized by the Korea Coast Guard. Taking into account the value of the catch (45,000 won per kilogram), the Jeju Prosecution Service imposed a total collateral deposit of 300 million won on the 8th, which was paid in full two days later. Under the previous criteria, the collateral deposit would have been 40 million won, but it increased sevenfold.

The Supreme Prosecutors' Office said, "Once the amendment to the Economic Zone Fisheries Sovereignty Act is completed, we will also consider further raising collateral deposits to match the increased fines."

President Lee Jae-myung said at a briefing by the Korea Coast Guard held at the Ministry of Oceans and Fisheries building in Busan on Dec. 23 last year, "If more than 10 (foreign vessels engaged in illegal fishing) come and one is caught, and 10 of them chip in to pay, it is in fact very difficult to respond systematically," adding, "We need to raise fines so high that even 10 vessels pooling money would find it burdensome, and respond strongly."

Minister Jung Sung-ho wrote on Facebook on the 11th regarding the Jeju District Prosecutors' Office imposing a 300 million won collateral deposit, "This is the first case in which strengthened collateral deposits were applied after President Lee ordered a strong response to illegal fishing vessels and a review to make collateral deposits more realistic," adding, "We will respond strictly to illegal acts to protect our seas and marine resources."

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