국제법상 한국의 법적 지위와 관련된 제 문제 -대한제국과 대한민국 그리고 통일한국의 동일성 논의를 중심으로- (Various Issues relating to the Legal Status of Korea in International Law –Focusing on the Identity of Korean Empire, Republic of Korea and Unified Korea–)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 49호 / 35 ~ 53페이지
· 저자명 : 최지현

초록

Legal status of Korea is the underpinning issue relating to current critical problems and their solutions Korea is facing in the field of international law. Starting point of this issue is the relationship between Korean Empire and Republic of Korea. It contradicts with existing position of Korea if it assumes that there is no identity between them. Legal status of Korea is the basic question with regard to Korea’s position on San Francisco Peace Treaty with Japan, Dokdo issue, interpretation of Article 2 in the Treaty on Basic Relations between the Republic of Korea and Japan, and legal status of unified Korea. Nevertheless it is fallacy to understand the argument when Republic of Korea is established as starting point of legal personality of Korea. In history of international law, Korea has existed long time before. So the debate when Republic of Korea is established, should be understood as a debate when is the starting point of democratic constitutionalism in Korea.

영어초록

Legal status of Korea is the underpinning issue relating to current critical problems and their solutions Korea is facing in the field of international law. Starting point of this issue is the relationship between Korean Empire and Republic of Korea. It contradicts with existing position of Korea if it assumes that there is no identity between them. Legal status of Korea is the basic question with regard to Korea’s position on San Francisco Peace Treaty with Japan, Dokdo issue, interpretation of Article 2 in the Treaty on Basic Relations between the Republic of Korea and Japan, and legal status of unified Korea. Nevertheless it is fallacy to understand the argument when Republic of Korea is established as starting point of legal personality of Korea. In history of international law, Korea has existed long time before. So the debate when Republic of Korea is established, should be understood as a debate when is the starting point of democratic constitutionalism in Korea.

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