한국정전협정 상 한강하구의 법적 지위: 소위 ‘나들섬 구상’ 추진과 관련하여Legal Status of the Han River Estuary under the Korean Armistice Agreement of 1953: In Relation to the So-called 'Nadeul Island' Development Project
- Authors
- 제성호
- Issue Date
- 2009
- Publisher
- 중앙법학회
- Keywords
- 정전협정; 한강하구; 민용선박; 군사정전위원회; 유엔군사령부; The Korean Military Armistice Agreement; Han River Estuary; Civil Shipping; Military Armistice Commission; the United Nations Command
- Citation
- 중앙법학, v.11, no.1, pp 519 - 554
- Pages
- 36
- Journal Title
- 중앙법학
- Volume
- 11
- Number
- 1
- Start Page
- 519
- End Page
- 554
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/32481
- DOI
- 10.21759/caulaw.2009.11.1.519
- ISSN
- 1598-558X
- 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.
- Files in This Item
- There are no files associated with this item.
- Appears in
Collections - Law School > Law > 1. Journal Articles
![qrcode](https://api.qrserver.com/v1/create-qr-code/?size=55x55&data=https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/32481)
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.