한중간 영토 분쟁에 대한 비판적 검토 - 한중 양국의 논리와 대응 -

Abstract

The objective of the present study was to make a critical review of Korea-China territorial dispute, which is one of important disputes between the two countries throughout history, and to consider how to resolve the dispute. Specifically, we analyzed previous researches in Korea and China on the issue of Gando, which is the core of the territorial dispute between Korea and China and examined Chinese logic in the dispute and its response to the problem, and proposed strategic plans for the territorial dispute in a macroscopic position. Chapter I studied discussions on the issue of Gando in the Korean side from the viewpoints of history and international law. First, from the viewpoint of history, we examined previous researches on the geographical boundary of Gando, the existence of no-man’s land, the interpretation of ‘Dongwitomun (東爲土門)’ in Mt. Paektu Demarcation Stone, and the reason for the rise of the issue of Gando in the territorial negotiation in 1885 and the territorial negotiation in 1887. Next, from the viewpoint of international law, we examined the legal effect of Mt. Paektu Demarcation Stone (1712), the legal effect of the Gando Convention (1909), and the legal effect of the North Korean-Chinese Boundary Protocol (1964) and its succession after reunification. Chapter II explained Chinese research on the issue of Gando and the structure of its logic. On the assumption that ‘Gando does not exist,’ Chinese researchers concentrated their efforts on proving that the issue of Gando was fabricated by Japan in the course of Japanese invasion to Manchuria. Chapter III reviewed Chinese logic and responses in its territorial disputes with other countries including the dispute over the dominium of Dao-Yu-Dao with Japan and the dispute over the dominium of Spratly Islands with Vietnam. Based on the discussions above, Chapter IV proposed strategic plans to cope with the issue of Gando. Specifically, first, research on Gando should be made anew separately from the issue of the dominium of Gando. Second, for research on the issue of Gando, data should be collected and the results of previous researches should be organized systematically. Third, the expected results of maintaining the dominium of Gando should be discussed from different aspects. What to be emphasized most of all is paying attention to Chinese logic and strategies concerning this matter.