대한민국 영토정책의 좌표설정 필요성 = Towards a Framework for the Territorial Policy of Korea: A Focus on Dokdo and Gando

다국어 초록 (Multilingual Abstract)

While on the one hand there have been positive developments in recent times in respect of the territorial issues of Korea, there have also been more problematic developments. In particular, there has been a heightening in tensions over Dokdo and Gando. The ongoing territorial issues of Korea over Dokdo and Gando, involve intertwined political and legal issues. Though it is not always easy to dichotomize politics and law in specific territorial disputes, it is also not impossible to reach a conclusion as to the strength of the competing claims to the both issued territories based on international legal principles and sources.
The determination of Dokdo and Gando’s ownership is, however, not the sole purpose of this article. Beyond the question of ownership of Dokdo and Gando in dispute, this article provides a broad framework for better appreciation and resolution of the territorial issues that bedevil the East Asian region, and the bilateral relationship between the claimants in particular.
First, as to Dokdo, a need has long been felt among international lawyers, historians, and policymakers in Korea for a resolution of the territorial issues between Korea and Japan over Dokdo. For this purpose, it is well worth noting that there is no denying the undeniable fact that the legacy of the past looms large in our thinking when we look back over the history of the territorial dispute over Dokdo.
Recently, there are a group of scholars who proposed the ideas of how to resolve Dokdo issue based on their understanding of the nature of the dispute. These proposals suggested by the groups of scholars can be categorised by the following four approaches: first, practical approach including the separation of sovereignty issue from the allocation of maritime zones and other salient issues; second, Japanese territorial disputes approach to address the Dokdo issue from the perspective of other Japanese territorial disputes including Kurile and Senkaku islands in dispute; third, role of U.S. approach which is emphasising on U.S. role for resolving Dokdo issue; and fourth, colonial implication approach which is emphasising on the historical background of Japanese colonialism over Korea and linking with Dokdo issue.
Then, as to the question of sovereignty over Gando, the outcome of this research indicates as follows. First, to satisfy preconditions for addressing territorial ownership over Gando, at least, three issues have to be clarified: i. whether to fix unified geographical scope of Gando is required; ii. whether non-existence of the official claiming of sovereignty over Gando by the Korean Government can be interpreted as abandonment or dereliction; and, iii. whether traditional position of Korean academics on the 1909 China-Japan Gando Convention can be prevailed/maintained from the perspectives of current international jurisprudence. And, further issues have to be clarified are: i. to overcome current international jurisprudence on territorial disputes formulated by international judicial bodies, in particular on the issues of functionalism and colonialism; ii. to analyse Chinese practice of territorial acquisition by evaluating territorial disputes in which China is a disputant; iii. to appraise the validity of the 1962 North Korean-China Boundary Treaty, and the Unified Korea’s legal obligation of succession to that boundary treaty; and, to apply the principle of self-determination to Korean ethnics (the Korean-Chinese/Chosonjok) in Gando considering their significant presence for over centuries.
Based on research on the above-mentioned issues, this article provides with the ways forward which is how to deal with Korean ethnics in Gando area will be the key point when Korea approaches the Gando issue for the future.
In such circumstances, it is imperative to draw a framework for comprehensive territorial policy of Korea including Dokdo and Gando. This is very critical for Korea considering the future unif

목차 (Table of Contents)

• Ⅰ. 영토분쟁 관련 국제법 일반이론의 한국적 적용에 대한 입장
• Ⅱ. 독도 문제
• Ⅲ. 간도 문제
• Ⅳ. 국제법상 대한민국 영토의 최적화를 위한 좌표 설정에 대한 제언
• [Abstract]