러시아 공사관 부지 처리 과정의 국제법적 검토

The former Russian Consular, located in Jeong-dong area, was the largest among other foreign legations, which was built in the late 19th century. It was used as a consular for the Imperial Russia and Soviet Union during the Japanese occupation period. It was destroyed in the Korean War, only the east tower was left standing. The site where the former Russian legation was located now contains the Jeongdong Park, the Sangrimwon Apartment and the Jeongdong Building. This study aims to clarify the exact facts of how the site have been handled and to examine the legal issues arising in the process. There are no historical records of the details of the Russian acquisition of the land. However, Russia was registered as the owner in the ledger during the Japanese occupation. The site was left unregistered in the Registry after the establishment of the Republic of Korea. When the unauthorized shanty towns were in turmoil, the government established a land expropriation policy and privatization in 1960. During the process, the Ministry of Justice decided that Russia has lost the ownership under the provisions of the Civil Law, and it was thus registered as state-owned property. The Cabinet decided the site to be used as a park or a given purpose such as Law Convention Center. As a result, registration on subdivision of land was done, some of which ended up the Jeongdong Park, while the construction of Law Convention Center which eventually fell through. The rest was transferred to private sector, ended up the Sangrimwon Apartment, the Jeongdong Building, and the former MBC Gymnasium (Kimil Gymnasium). Meanwhile, the Soviet Union raised the issue during the establishment of diplomatic relations. In turn, the Korean Government agreed to pay compensation and mutually provide the site of the embassy. This issue must start with the fact that Russia succeeds to the rights of the Imperial Russia and the Soviet Union, and that the Republic of Korea takes a position to recognize the property formed before its establishment. It is reasonable to say that Russia acquired ownership right of the site considering the Russian records. Also, the registration during the Japanese occupation has the legal effect of acquiring original ownership. On the other hand, the non-recognition of the Soviet Union by the Republic of Korea should be regarded as having no effect of its status of entity for the ownership. Further there was no performance of diplomatic or consular functions. Therefore, there is no violation of the Vienna Convention on Foreign Relations. After all, the government’s series of actions on the site would be considered as a expropriation. As there were no compensation to the Russian at the time of the nationalization, it constitutes an illegal expropriation, where the restoration is impossible. Therefore, the compensation agreement with Russia is to be considered as a monetary compensation for its state responsibility. The process of disposing of the site of the former Russian consular should not be appraised from the current point of view, considering the difficulty facing the unsettled large-scale land located in the central Seoul. This issue is mixed with state succession and state responsibility, and it still remains challenging today.