일본의 공유수면 경계 확정과 분쟁 해결 방안에 관한 연구

Abstract

The article 9-3 of ｢Local Autonomy Act｣ was introduced in japan to prevent disputes by determining a boundary of public water in advance before reclamation. It can be seen that public water is included in jurisdictions under the ｢Local Autonomy Act｣and the reason why the decision of prefectural governor to determine on the boundary of public waters was stipulated is emphasize the local autonomy. Furthermore, separate procedure called consent was introduced to quickly set the boundary of public water. Although there aren’t stipulation about criteria for setting boundary of public water, it is based on equidistance principle in the process of judicial judgment. However, in light of all circumstances such as past history or jurisdiction of each local government, equidistance principle has been modified and applied. Administrative and judicial system, meanwhile, are proposed to resolve disputes caused when determining the boundaries of the public water. Among these, administrative systems are made up of mediation and determination of prefectural governor. There are two types of judicial systems: a lawsuit against the determination of prefectural governor, and a lawsuit to determine the boundaries filed by the relevant local government in the absence of mediation and administrative action. There are various views on the nature of these lawsuits, but it is appropriate to understand the former as an appeal suit, and the latter as a party suit.