한강하구의 공동이용 : 정전협정과 유엔사의 관할권

Abstract

The Han River estuary, together with the land DMZ(demilitarized zones), constitutes a border area under the Korean Armistice Agreement. However, the Han River Estuary is defined differently from the land DMZ. At the time of the signing of the armistice agreement, the UNC and the North Korean-China coalition forces shared the recognition that the Han River Estuary should remain an open river so that both South and North Korea could use it. The Han River estuary is usually referred to as a neutral area. However, the Han River Estuary is not a third zone. It should not be misunderstood as an independent area separated from the sovereignty of the South and North. The Han River Estuary is a demilitarized zone. However, the demilitarized Zone of the Han River Estuary has a different character than the land DMZ. All personnel are not allowed to enter the DMZ on land, regardless of the division between soldiers and civilians, but in the Han River Estuary, civilian ships are allowed. If the land DMZ has a character as a buffer zone for military defense purposes, the Han River Estuary should be understood as a common territory for the protection of civilian use. The Han River estuary is the border between the South and the North, and is a condominium area. No separate military demarcation line was established in the Han River estuary. Of course, the Han River Estuary is also under the jurisdiction of the UNC. However, UNC jurisdiction must be exercised on the basis of the Armistice Agreement. Therefore, it should not be exercised in the direction of making the Han River Estuary into a military controlled area or restricting the navigation of civilian ships. In addition, the UNC's jurisdiction over the Han River Estuary must be exercised in a manner consistent with the sovereignty of the two Koreas and international humanitarian law. In particular, since the Armistice Agreement is limited to its military nature, it should be seen that the UNC cannot interfere with the agreement on peaceful exchange and cooperation between the two Koreas. The Han River estuary is currently in the same situation as the land DMZ. It is a political failure, and socioeconomic loss. The Han River Estuary will have to be restored to its original open area.