한국정전협정 상 한강하구의 법적 지위: 소위 ‘나들섬 구상’ 추진과 관련하여

Abstract

Article 1 Paragraph 5 of the Korean Military Armistice Agreement concluded on July 27, 1953 reads, “The waters of the Han River Estuary shall be open to civil shipping of both sides wherever one bank is controlled by one side and the other bank is controlled by the other side.” In relation with the meaning of "open to civil shipping" of both sides, some scholars contend that the word represents 'unconditional free passage in principle' and regulatory intervention of the United Nations Command(UNC) in Korea is only procedural. But this kind of interpretation is contrary to the relevant provisions of the Korean Military Armistice Agreement and its subsequent agreement on civil shipping in the waters of the Han River Estuary. In law and practice, civil shipping is limited to South and North Korean people subject to the UNC regulations under condition of no arms and ammunition. In this context, it can be safely said that openness to civil shipping is conditional. The Korean Government should recognize this fact precisely and pursue the so-called 'Nadeul Island' Development Project seriously for the improvement of inter-Korean relations and mitigation of military tension on the Korean Peninsula.