지방자치단체 해상경계분쟁의 원인과 해소방안

Abstract

The purpose of this paper is to present the mitigative measures for maritime boundary disputes between local governments in Korea. Since 1980s, the maritime boundary disputes between local governments increased and was aggravated for the right to permit fishing license, to develop reclaimed land and to exploit submarine resources. These disputes were caused by the facts that there weren't the provisions to stipulate maritime boundary between local governments. According to the decision of Constitution Court on jurisdictional dispute for reclaimed land in Pyungtack-Dangjin Port, the local autonomy can be exercised over sea as well as land. This case become a clue to alleviate maritime boundary disputes between local governments. Therefore the national and municipal policies to solve jurisdictional dispute for sea should point to establish the concrete maritime boundary on the base of topography map issued by National Geographic Information Institute. If the maritime boundary on the base of topography map isn't rational in term of land use, it is desirable to change maritime boundary. In addition, it needs to have the special law to concretize the principles and criteria of maritime boundary delimitation.