1948. 8. 15. 당시 지방자치단체 해상경계의 재구성 -헌재 2015. 7. 30. 2010헌라2 등해상경계에 관한 헌법재판소 결정을 중심으로-

Article 4 Section 1 of the Local Autonomy Act provides that a local government’s jurisdiction shall be determined “as used before.” In the light of the legislative history of the Act, to reconstitute the previous boundary according to the above provision of the Local Autonomy Act, whether an administrative custom recognizing a certain maritime boundary as the boundary between two local governments existed for a considerably long period of time before August 15, 1948 must be reviewed. This article reviews laws on local administration and public waters under Japanese colonial rule. The Do Governors had the administrative authorities over maritime affairs such as permission for fishery business and permission for occupancy of public waters in the colonial era. The laws on local administration and public waters under Japanese colonial rule were maintained until August 15, 1948. Therefore, except Jeju, which transformed into the Do during the period of American Military Control, the maritime boundary between two Dos may be confirmed by demonstrating which of the Do Governors exercised the administrative authorities over the disputed waters. Contrary to the Do governor, the Buyun and Gunsu did not have administrative authorities over maritime affairs from March 1, 1930 to August 15, 1948. Thus, there were no principles of customary law on determining maritime boundaries of the Bu and Gun as of August 15, 1948.