간도영유권 분쟁에 있어 선결문제로서의 금화원칙의 적용성

A Study on the Application of the Monetary Gold Principle in Gan-do Territorial Dispute

September 4th 2009 is a meaningful day in Korean history because it marks the 100th anniversary of the Gan-do treaty. The Gan-do treaty is one of numerous harsh symbols of the Japanese Imperialism era since it is a treaty that has demolished the Korean sovereign power over Gan-do and has given the Chinese Government the sovereignty to the land. Nevertheless a signigicant number of Korean Citizens still think not only this treaty was illegal, but also the Korean government still have sovereignty over Gan-do. However, the Korean government has never shown any sign of interest on this issue and still remained silence to the request of the citizens to publicize this issue to the international society. Consequently, there are some studies on this issue but can only scratch the surface comparing to the importance of the issue. The main perspective of this study, therefore, is to raise a social interest to the issue and build a basis to the future studies. Since a dispute regarding a state s territory is a very complicated issue, and the International Court of Justice just has a Single Trial System, it is very important to prepare to the maximum in advance so that the true justice to be found in the court. In particular, this study will concentrate on the Preliminary Objection Procedure of the International Court of Justice since it is the part where studies are particularly coming short. Especially in situations where more than two countries are involved in an international legal dispute, the Preliminary Objection Procedure becomes more complicated because there are principles, such as the Monetary Gold principle. According to the Monetary Gold, the International Court of Justice may limit it s jurisdiction over a case if there is a third country which has not consented on the court s jurisdiction and has a legal right concerning the matter. In this study, accordingly, I will concentrate on the preliminary objection procedure of the court, especially on the Monetary Gold principle, because it is expected to be a problem to continue the Gan-do dispute in the International Court of Justice. To solve the Gan-do territorial dispute in a short length of time, we also have to look in to the situation where the treaty has been made, and should pay much attention to the Japanese government which can bring the question of the application of the monetary gold principle. The final goal of this study is to serve as a fundamental step to future studies, which will bring true justice to the Gan-do territorial dispute.