지방정부간의 해상경계갈등에 관한 법적 고찰

A Legal Study on the Maritime Border Conflict between Local Governments: Focusing on Saemangeum Reclamation Business District

Our country is surrounded by the sea of three sides and is in a hurry for preparation to leap the fifth largest maritime power after 10 years from now on. Recently, our country or local governments are developing a public water surface s reclaimed land(newly created land) by reclaiming a public water surface(sea) according to the law on reclamation of a public water surface for development of industrial parks, airport and port complexes, etc. Especially, if a public water surface s reclaimed land is extended in a very wide range, related local governments have high interest in an aspect of securing tax sources and acquisition of required resources according to installation of public facilities, so it gets involved in acute advantages and disadvantages and its disputes are frequently occurring in relation with an attribution problem of reclaimed land like securing of reclaimed land, etc. The dispute reason on the reclaimed land like this is due to nonexistence of an cooperative attitude drawing consultation under the mutual compromise and concession between local governments, but its fundamental reason is caused from unpreparedness of a legal system capable of solving this dispute. Therefore, the focus of problems is whether the sea is recognized as a jurisdiction area, or whether any line of the maritime border will be set to decide a jurisdiction area of the sea, and how the registration problem on the reclaimed land will be solved, etc. Accordingly, the present research mainly examined the respective opinion of various laws and ordinances, legal principles, judicial precedents and related institutions in a normative aspect, and suggested a progressive method on maritime border conflict and dispute resolution between local governments by focusing on interpretation of law and theories on legislation.