독도의 영유권과 실효적 지배

Abstract

On January 1, 1952, Korea declared \\\\'the Peace Line,\\\\' and on January 28, Japan officially protested and asserted, \\\\'It seems that Korea is claiming the rightful possession of a little island called Dok-do in East Sea, but the Japanese government does not acknowledge such claim.\\\\' Since 1952, Korea and Japan each exchanged verbal statement four times regarding Dok-do.The Korean and Japanese governments both used detailed data and research to explain the rightful possession of the island until the second verbal statement, and for the third and fourth verbal statement, each responded with supplementary opinions and other issues.On 17 December, 1965, the Korean government responded to the Japanese government's fourth verbal statement on July 13, 1962 through a verbal statement asserting, \\\\'When reflected upon history and the international law, Korea is the rightful owner of Dok-do, and dispute between Korea and Japan over the island does not exist.\\\\' After this statement, the Korean government does not agree to discuss regarding the island.Even afterwards, Japan consistently regards Dok-do as a disputed island and continuously claim the rightful owner ship of the island. What is worse, there are media reporting that after concluding that peaceful resolution through negotiation is difficult, Japan is preparing to solve the problem at the international court which is one of the forceful way to solve the Dok-do issue.Through theoretical analysis and case study on effective possession which plays the major role theoretically and legally in resolving the possession issue, this study will present the logical evidence to prove our rightful possession of Dok-do more firmly and to publicly announce the rightful possession of Dok-do.Through looking at what roles practical governing of the islands disputed have played in the international lawsuit, this study is to present the issue in detail, which can later be used as a citing material when Dok-do iss