헌법재판소를 통한 해양 관할구역 분쟁 해결의 한계와 입법적 과제

Abstract

Clarity of jurisdiction is necessary for local governments to exercise their autonomy. However, unlike on land, the jurisdictional boundaries over which local governments can exercise autonomy in the ocean are unclear, and disputes over maritime jurisdiction continue to grow. According to Article 5 (1) of the Local Autonomy Act, the names and districts of local governments shall remain the same as before, and any changes to the names and districts, or the abolition, establishment, division, or merger of local governments shall be determined by law. In other words, the Local Self-Government Act provides the "before" as the basis for the jurisdiction of local governments, and to confirm this, it is important to find the boundaries that existed on August 15, 1948, or the existence of a relevant law, but such boundaries and explicit laws are not currently available. As a result, disputes over maritime jurisdiction have been subject to competence dispute, and the Constitutional Court has determined the maritime jurisdiction of local governments based on unwritten boundaries or principles of equity. The problem is that although it is undeniable that the competence dispute adjudication is a very important system that contributes to the resolution of disputes related to maritime jurisdiction, it also has certain limitations due to its nature. This calls for a discussion on how to clarify the jurisdiction of local governments legislatively, rather than through judicial dispute resolution. In particular, legislation to establish maritime jurisdiction can contribute to greater efficiency and accountability in the use and management of the ocean, and ultimately to the well-being of its inhabitants, by clarifying the scope of local governments' exercise of their constitutionally guaranteed autonomy. Against this backdrop, Congress is working on legislation, with two bills currently being introduced in the 21st Congress. However, many problems can also be pointed out regarding the specific contents of both legislative proposals, so in this article, the specific contents of both legislative proposals are examined and related legal issues are reviewed.