국제법상 국가관할권의 개념과 적용범위에 관한 연구

In order for a state to exercise its powers, it must have jurisdiction as the basis and source of its legitimacy. Jurisdiction is an important concept, and it is also a source of disputes between states. There is a lot of confusion about the distinctions and differences between confusions, their relationship to sovereignty, and their conceptual differences. The questions that arise from this confusion can be summarized as follows : What is the difference between jurisdiction and internal jurisdiction? What is the difference between jurisdiction and external jurisdiction, and how can we distinguish between them? What is the relationship between jurisdiction immunity by functionalism and jurisdiction? What are the conceptual differences between and how do they relate to jurisdiction? What is the relationship between state immunity and jurisdiction? The findings of this study can be summarized as follows : First, jurisdiction needs jurisdiction as a source of legitimacy for a state to act on its own behalf. It is a concept that is distinct from constitutional sovereignty and international law sovereignty. However, it is impossible to define the concept of jurisdiction in isolation from the concept of sovereignty. The concept of sovereignty is the basis, and sovereignty is an element of the concept of jurisdiction. Next, the concept of jurisdiction can be categorized into normative jurisdiction (legislative jurisdiction) and executive jurisdiction, which can be further categorized into narrowly defined enforcement jurisdiction and court jurisdiction. These classifications are subcategories of jurisdiction and must be distinguished conceptually. Third, the concepts of territorial principal or principle of nationality and protectionism and universalism are concepts that provide the theoretical basis for the establishment and application of jurisdiction, providing the roots for the establishment and application of jurisdiction, allowing it to extend beyond national borders as well as within national borders. Finally, concepts such as internal jurisdiction and external jurisdiction serve as the scope of application of jurisdiction, which must be distinguished from the concept of jurisdiction. The scope as subject can be categorized into internal jurisdiction and external jurisdiction and the scope of jurisdiction as an object can be categorized into the object as a basic obligation to apply jurisdiction and jurisdiction immunity by functionalism, jurisdictional immunity, sovereign immunity, and state action theory.