독도관련 평화선 해도의 국제지도증거법상 의미 연구

Abstract

The Presidential Proclamation of Sovereignty over Adjacent Seas on January 18, 1952 annexed a sea map that contained the so-called “Peace Line.” If a map does not have an official name, it is called a “Peace Line Sea Map.” Since a Peace Line Sea Map is not annexed for treaty or toward a decision, it is not an authorized map, and cannot be considered as primary evidence, but only as secondary evidence which has no admissibility as evidence. However, the Peace Line Sea Map is a official map which presents the legal effects such as acquiescence, recognition or confirmation in international law. Thus this “Peace Line Sea Map’ presented the legal aspects of recognition but is not a confirmation of the territorial sovereignty over Dokdo by Korea as per international law. It also means that effective control over Dokdo by the government of Korea since the Proclamation of the Ordinance No. 41 of 1900. Therefore the Peace Line Sea Map implies that the Empire of Korea was not distinguished by the annexation treaty of 1910 between Korea and Japan, on account of non-existence of the treaty in international law. Hence Japanese control over Korea is illegal as per international law. Dokdo has never been annexed to Japan since 1910. The Peace Line Sea Map is a Korean national symbol of the territorial sovereignty over Dokdo.