大韓民國의 海洋主權

Abstract

바다를 規律하는 法中 가장 中心이 되는 法은 領海法이라 할 수 있다. 우리나라는 1977년 領海法을 制定·宣布하였는 데 이 領海法과 關聯하여 本 論文에서는 領海法制定 以前의 海洋에 關한 法的先例들을 추적하여 領海法 中 또한 核心的 規定이랄 수 있는 領海範圍規定에 對한 起源을 밝히고 있다. 또한 우리나라와 隣接해 있어 때때로 마찰을 惹起케 할 수 있는 日本·中共·蘇聯·北韓 等 東北亞 4個國의 領海制度를 整理하여 北韓과 蘇聯 等 지금까지 생소하던 共産國家들의 領海制度 等도 言及하고 있다. 끝으로 우리의 領海法과 1982年 誕生한 유엔海洋法協約과 비교하여 必히 再檢討되어져야 할 問題點들을 指摘하고 나름대로의 方向을 提示하여 놓았다.;One can say that the most critical part of the Law of the Sea is Territorial Sea Law. In Korea, surrounded by the sea in three directions, we cannot overestimate the importance of studying the Law of the Sea. The present thesis has three purposes. The first is to examine statutory precedents relating to the uses of the sea prior to the Declaration of the Territorial Sea Law by the Republic of Korea in 1977. The second is to follow up instances of maritime jurisdiction in the neighbouring countries : Japan, North Korea, the Soviet Union, People's Republic of China. The third is to point out some problems which might be found in the way of applying the current Territorial Sea Law of the Republic of Korea in relation to the third United Nation's Conference on the Law of the Sea (UNCLOSⅢ) which was concluded with the adoption of the new UN Law of the Sea Convention at Montego Bay, Jamaica, in December 1982. In order to complete this thesis, I carried out a survey of related literature, including many relevant historical writing, statutory and official records such as Ordinances of the U.S. Military Government in Korea and Diplomatic Documents of Korea, Japan, U.S. and other countries. Thus, the thesis deals with the following. First. the original instance of South Korea's territorial sea jurisdiction is the Ordinance No. 189 which was enacted in 1948 by the U.S. Military Government in Korea. Second, the original instance of North Korea's territorial sea jurisdiction is Cabinet Resolution No.25 which was declared in 1955. Tn this resolution, North Korea adopted a line connecting the port of Kimch'aek with the point of intersection of the coast line and 38^(th) parallel as a startline measuring its territorial sea. Third, Japan's original territorial sea jurisdiction was 太政官布告 No. 429 in 1870, That of the People‘s Republic of China was declared in 1958 and that of the Soviet Union was derived from the era of Imperial Russia in 1909. Fourth, there are at least three controvesial points between the current Korean territorial sea law and United Nation's Convention on the Law of the Sea : ①The issue of extending the territorial sea in the area of Korea Strait from 3 nautical miles to 12. ②The issue of the requirement for prior notice by the foreign military vessels coming into Korea's territorial sea. ③The issue of legality in case of three stright baselines over 44 nautical miles or longer.