해저지반의 사적 소유권 인정 여부에 관한 일본해석론의 동향

The trend of the Japanese interpretation about private ownership arraignment of the sea bed

  Considering several economic and social reasons, it is the time to acknowledge the private ownership of the ground under the sea water. In this situation, customary precedents on objective attribute of the private ownership of the ground under the sea water in Korea and Japan have been negating it because of historical reason or public interest for the basis of argument. Nevertheless, such basis of argument for negation has contained a number of problems on the definite validity since the situation of the age has changed. And there exists a standpoint of affirmation now. It is said that such standpoint of affirmation shall be recognized if it has at least possibilities of domination and specificity. However, the standpoint of affirmation has also required a definite requisite such as specificity and it might not be able to completely negate the public interest of the sea. Therefore, the standpoint of compromise seems to be reasonable. However, as the theory of compromise may be divided into the one based on the theory of affirmation and the other based on the theory of negation, the standpoint of the former seems to be reasonable among such situation as the necessity of the private ownership on the ground under the sea water is increased as like today, on the assumption that the entire arrangement of the legislative systems to recognize it shall be executed. Nevertheless, considering its requisites of conclusion, it would be required to conclude it in consideration of the other whole circumstances as well as possibilities of domination and property value. In addition, there are two important problems out of the entire arrangement of the legislative systems to recognize it. That is, the first is boundary demarcation and it has a technical solution called cadastral survey. The second is the method of public announcement and it would be available to indicate the location of the ground under the sea water on the register such as "Ground Line of 000 units 00-Dong 000-Gu" using the lot number of the ground lot close to the location.