국제법상 중국의 간도불법점거에 대한 대중국 항의의 필요성과 요건에 관한 연구

• 영문명: A Study on the Necessity and Requirement Condition of the Protest against Chinese unlawful Occupation on Gando/Jiando
• 발행기관: 백산학회
• 저자명: 김명기(Kim, Myung-Ki)
• 간행물 정보: 『백산학보』第85號, 343~367쪽, 전체 25쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

The Gando Convention concluded between China and Japan in 1909 stipulates that China grants the interests and rights to construct railway and to minie mineral matters in Manchuria to Japan and Japan transfers Gando to China. The Convention was legally based on the Protectorate Treaty between Japan and Korea in 1905 that was concluded by means of Japanese military coercion to the Korean Cabinet members. As a result of the means the treaty was null and vold. So the Gando Convention based on the treaty is null and void too. Therfore Chinese occupation on Gando is unlawful occuprtion on Korean territory in international law. What Korea needs to protest against Chinese unlawful occupation on Gando (ⅰ) for excluding the eftect of acquiescence, (ⅱ) for acquiring the eftect of effective control on Gondo, (ⅲ) for acquiring the relative title of the territorial sovereignty over Gerndo, (ⅳ) for interrupting the Chinese prescription and historical consolidation over Gando, and (ⅴ) for obidencing duty and responsibility of the President to preserve national territory in accordance with the stipulation of the Korean Constitutional law. The protest subject in international law is state as a subject of international law. Therefore the protest subject against the Chinese unlawful occupation on Gando is not the Gando Institute, the Paek-San Society, and the Chern-Jin Sws Paper but the state thpublic of Korea. The he stateorgan of a state in international law is the Head of State, the Minister of Foreign Affairs, and the Diplomatic Agcncies. Thus the State organ of the ROK against the Chines unlawful occupation on Gando is not the National Aieembly, the Minister of Education Science and Technology, and the President of the Northeast Asian Mistory Foundation. The he stateForm in international law shoulechn donn by the official diplomatic docurn-Jithrough the diplomatic Channnl. Thus the Korean Governrn-J’s protest agaist Chinese Governrn-J is not effective as protest through a neweweweference, radio broadcast, TV, or a resolution of international eweference. The protest contn-J in international law should be clear. So the Korean protest against China should be effective protest on the clear base. in accordance with the rules of international law. It should be needed the Korean Government’s protest aginst Chinese unlawful occapation on Gando to preserve Korean territorial sovereignty over it as soon as possible.

목차

Ⅰ. 서론

Ⅱ. 국제법상 항의에 관한 일반적 고찰

Ⅲ. 중국의 간도불법점거에 대한 한국의 대중국 항의의 필요성과 항의의 요건 검토

Ⅳ. 결론

[Abstract]

키워드

간도 간도협약 을사늑약 상대적 권원 시효 역사적응고 항의 불법점거 Gando/Jiando Gando Convention Protectorate Treaty between Tapan and Korea relative title prescrption historical consolidation protest unlawful occupation