한강하구 공동이용수역의 평화적 이용에 관한 법적 쟁점 연구 - 하천 부분을 중심으로 -

Abstract

This paper analyzes legal issues of peaceful use of Joint waterway along Han River estuary in respect of three viewpoints. First, in respect of Inter-Korean relation, projects to peacefully use Joint waterway at Han River estuary shall be decided specifically by two Koreas’ negotiation and Inter-Korean agreement shall be concluded. For the peaceful use of transboundary rivers, United Nations adopted New York Convention in 1997. However, two Koreas are not parties of New York Convention. For search and implications, this paper analyzes treaties between DPRK and PRC concerning joint use of transboundary rivers. Second, in relation with United Nations Command (UNC), this paper examines whether recognition of UNC is necessary or not for civil ships and civilians to enter Joint waterway. According to Korean armistice agreement and UNC regulation, recognition of UNC is necessary as in Demilitarized Zone (DMZ). Issue of adjustment and turn over of UNC’s authority concerning entrance and control in region of DMZ and Joint waterway should be solved by talks and negotiation among South Korean government, UNC and USA which practically manages UNC. Third, this paper examines necessity of enactment of special law to use Joint waterway. Already there are several laws in relation with peaceful use of Joint waterway at Han River estuary. However, special law shall be enacted. Because Joint waterway belongs to DMZ and several ministries are concerned. And we shall consider that peaceful use of Joint waterway at Han River estuary is closely connected to armistice regime. It is desirable to enact special law with respect to peaceful use of DMZ and include matters concerned with peaceful use of Joint waterway in this law. Because Joint waterway composes a part of DMZ. As an alternative, it is possible to enact special law regulating peaceful use of land DMZ and afterward include peaceful use of Joint waterway.