South Korea

Notes du chercheur

Spearfishing as a recreational method is not legal for non-fishers in South Korea. The mechanism is gear-based: the Fisheries Resources Management Act (Art. 18) permits non-fishers to catch aquatic resources only with gear/methods on a closed statutory list (Enforcement Decree Art. 7-2(1)(1); Enforcement Rule Art. 6 + Table 1). That closed list (cast net, dip/scoop nets, single-line rod/hand-line, traps, sickle for fertiliser seaweed, tongs/hooks/hoe/spade, bare hands, and small everyday non-fishing tools) does not include spears/spearguns (작살/작살류); the permitted diving aids in Art. 7-2(1)(2) are limited to mask, snorkel, wetsuit, fins, knife and whistle, and Art. 7-2(2)(1) requires not using power such as electricity or compressed air - which excludes scuba (compressed-air) equipment. So spearfishing has no legal route for non-fishers. PENALTY (resolved): under the current Act (법률 제20942호, in force 2025-04-22), Art. 67 punishes 'a non-fisherman who catches/takes aquatic resources in violation of Art. 18' by a fine of up to 3,000,000 KRW; this is the verbatim provision captured here. The earlier-noted larger figures are reconciled as follows: the Art. 64 figure (up to 2 years / up to 20,000,000 KRW) is a different, heavier penalty clause that does not correspond to the non-fisher Art. 18 violation, and the press figure of up to 10,000,000 KRW (Busan Ilbo) appears to be journalistic rounding/aggregation rather than the statutory amount for this offence. Where a different aggravating provision applies (e.g. theft from a village fishery ground / licensed aquaculture area prosecuted under criminal law), penalties can be higher. VERIFIED in this pass: Act No. 20942 (effective 2025-04-22) and Constitutional Court 2016. 10. 27. 선고 2013헌마450 (the prohibition on non-fishermen using scuba diving equipment to harvest aquatic resources was upheld as constitutional). REMAINING CAVEAT: the Enforcement Rule [별표1] gear-form/method table (the detailed shapes and usage methods of each permitted gear) was not captured verbatim; the operative closed gear list itself (Decree Art. 7-2(1)(1)) is now quoted verbatim. No marine zones permit recreational spearfishing; in inland waters a local government head may designate areas permitting spear-type gear/scuba, but no specific such designated areas were identified. Data confidence set to 'medium': the 'spearfishing not allowed' conclusion is well supported by verbatim official provisions and consistent official sources, with residual uncertainty only on the detailed gear-form annex and on case-specific aggravated penalties.