지방자치단체의 해상경계에 관한 연구

Abstract

The Republic of Korea is a peninsula country on three sides surrounded by the sea. Therefore, many of the local governments are connected to the sea. And because the sea is a treasure trove of resources and has a very large economic value, disputes frequently arise between neighboring local governments over its jurisdiction. The conflicts and disputes, between local governments surrounding the sea, hinder the development of local governments and the efficient use of the land, including the sea. Therefore, it is necessary to identify more fundamental causes for resolving conflicts and disputes, and it is necessary to devise improvement measures. To this end, this study analyzed the content that became a major issue in the legal judgment process on conflict and dispute between local governments surrounding the sea boundary. Specifically, first, it examined the prerequisites for disputes between local governments surrounding the sea boundary, that is, whether the area of local governments includes not only the land but also the sea (II). Second, it examined whether the boundaries of the local government could be confirmed, if the sea was included in the area (Ⅲ). Finally, it examined who should define the boundaries by what criteria, if the boundaries of the district cannot be confirmed. In light of the importance of local governments' zones (which is a component of local governments and the scope of the exercise of autonomy) and the contents of Article 4 (1) of the Local Autonomy Act (change of zones is made by Law, and changes of zone boundaries are made by Presidential Decree), the districts of local governments should be clearly defined legislatively through the national consensus. If, for practical reasons, the boundaries of all local governments cannot be legislatively defined right now, even the standards of boundary delimitation should be legislated. Responding to disputes between local governments on a case-by-case basis without certain legal standards can lead to another dispute. Legislation of the standards of boundary delimitation will prevent unreasonable logic and arbitrary judgment by dispute settlement agencies for one-time dispute settlement, and will prevent indiscriminate arguments or competition between local governments, and above all, will contribute to the Constitutional Court's own judicial function, not legislative and administrative functions. The conflicts and disputes between local governments surrounding the sea hinder the development of local governments and the efficient use of land, including the sea. We urge prompt legislation to fundamentally resolve these conflicts and disputes.