淸·日 間島協約의 不當性과 間島領有權問題의 解決方案(中)

Abstract

The purpose of this study is to analyze the process, contents and iniquity of Gando Agreement, under which Japan handed over Korean territory, Gando to Chung Dynasty. The study is also for seeking solutions for the problem of sovereignty over Gando in Korea by understanding the border demarcation between North Korea and China and its legal force. For such purposes of the study, the target was limited to the problem of Korean sovereignty over Gando centering around the border demarcation between North Korea and China. The time frame was set from before Japan's intervention in the Gando problem and to after the border demarcation of Mt. Baekdu between North Korea and China. The scope of the contents was analyzing the legal force of Gando Agreement and border demarcation of Mt. Baekdu between North Korea and China and seeking solutions for the problem of sovereignty over Gando in Korea. For the study, historical literature research methods and technical analysis methods were used. As a result of the study, it was found that Gando Agreement was iniquitous and completely void. In line with that, the study also pointed out the illegality of China's domination over Gando under Gando Agreement. Furthermore, there was no fully established theory in international law for the effects of the border demarcation between North Korea and China on Gando sovereignty. However, confidential agreements usually do not have legal effect on the third country such as Korea. And for Korea that is to be unified one day, this agreement must be discussed again through consultations with neighboring countries.