서해 NLL의 법적 정당성 및 수호방안 연구

Abstract

The NLL(Northern Limited Line, hereinafter, it is called 'NLL') was declared by Commander-in-Chief UN Command, General Mark Clark on 30th August 1953. The NLL has served as an effective means of preventing military tension between North and South Korean military forces for 60 years. It serves as a practical demarcation line, which has contributed to the separation of forces. After the NLL was declared, the North Korea has attempted to break this status que line by sending patrol boats intentionally trespassing this line from 1973. Especially since the 2000's, the North Korea has made attempts to invalidate by military negotiation and military provocation simultaneously in the western sea Northern Limit Line. But the NLL is substantial border line between North and South Korea that the Republic of Korea's(ROK's) navy protect from constant North Korea's Provocation. According to the Validity of the 1953 Korean Armistice Agreement, the 1992 South and North Basic Relations Agreement, the United Nations Convention on the Law of the Sea and General International Law, the NLL has Legal Justification. In this regard, the ROK has the Jurisdiction of the southern area of the NLL. Therefore, this paper would like to provide confrontation logic for military-negotiation with the north korean military and provide protection schemes against the military provocation in the surrounding Northern Limited Line.