한･일 간 표류민 송환과 해난구조의 법제화(1860~1960년대)

Abstract

This paper verifies the origin of the Korean law related to drift and sea disasters. The current Korean law of Rescue and Aid at Sea and in the River Act begins with the Rescue and Aid at Sea and in the River Act (水難救護法) established in 1961. It is already known that the Korean government in 1961 repealed Joseon’s Rescue and Aid at Sea and in the River Order (朝鮮水難救護令) established in 1914. However, the process of the legislation was not clear by this time. This paper clarifies historically the legislation of the Act from the 1860’s to 1961. The legislation will be compared and analyzed on the consecutive line of the Korea-Japan Treaty of 1876 (朝日修好條規), the revision of the Paying Back the Rescue and Aid Act (漂民經費償還法) of 1886 by Joseon and the Japanese government, the Rescue and Aid at Sea and in the River Act of 1899 by the Japanese government, Joseon’s Rescue and Aid at Sea and in the River Order of 1914 by Japanese Imperialism, and the Rescue and Aid at Sea and in the River Act of 1961 by the Korean government, respectively, in this paper.