Acknowledgments
Preface

Chapter I: Korea's Encounter with the Modern International Legal System

I.Introduction
1.1. International Order of East Asia in the Era of International Law: Acceptance and the Status of Korea in International Law

1.2 Status of International Law in the Domestic Legal System of Korea

1.3 Treaty Making in Korea

II.Conceptions of International Law

2.1 Positivism in International Law

III.Historical Context of International Relations in Northeast Asia

3.1 Brief Historical Context of International Relations in Northeast Asia

IV.Introduction of Western International Law

4.1 Introduction of Western International Law into East Asia

Judicial Decisions

A. Treaties and International Agreements

(1) Direct Application of Treaties
Constitutional Court [97 Heon-ba 65] Decision issued November 26, 1998.

(2) Self-Executing Treaties
Supreme Court [96 Da 55877] Judgment issued March 26, 1999.

(3) Effect of Treaties as Domestic Law

a.Constitutional Court [99 Heon-ma 139, 143, 156, 160 Consolidated] Decision issued March 21, 2001.
b.Constitutional Court [2002 Heon-ma 611] Decision issued April 24, 2003.
c.Constitutional Court [2000 Heon-ba 20] Decision issued September 27, 2001.

(4) Precedence in the Application of Treaties as Lex Specialis
Supreme Court [82 Da-ka 1372] Judgment issued July 22, 1986.

(5) Harmonious Interpretation of Domestic and International Law
Constitutional Court [2004 Heon-ba 47] Decision issued April 24, 2008.

(6) Whether Agreed Minutes is a Treaty
Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued March 21, 2001.

(7) Legal Nature of the Joint Statement of ROK-US Ministers of Foreign Affairs
Constitutional Court [2006 Heon-ra 4] Decision issued March 27, 2008.

B. International Customary Law

(1) Application of International Customary Law
Supreme Court [97 Da 39216] Judgment issued December 17, 1998.

Chapter II: The Legacy and Impact of Japanese Colonialism

I.Introduction

II.Annexation by Japan

2.1The Legality of the 1910 Annexation of Korea by Japan

III.San Francisco Peace Treaty

3.1The 1951 San Francisco Peace Treaty and Its Relevance to the Sovereignty over Dokdo

3.2The San Francisco Peace Treaty with Japan of 1951 and Territorial Disputes in East Asia

IV.Colonial Claims against Japan

A.1965 Korea-Japan Claims Settlement Agreement

4.1The 1965 "Korea-Japan Claims Settlement Agreement" and Individuals' Claims Rights

B.Comfort Women and Forced Labor

4.2Historical Issues between Korea and Japan and Judicial Activism: Focus on the Recent Decisions of the Korean Constitutional Court concerning Comfort Women and the Supreme Court Decision on Japanese Forced Labor
4.3Historical Issues between Korea and Japan and Judicial Activism: Focus on the Recent Supreme Court Decision on Forced Labor

C.Dokdo

4.4The San Francisco Peace Treaty, International Law on Territorial Disputes, and Historical Criticism

Judicial Decisions

A. Forced Labor Cases

(1)Mitsubishi Heavy Industries (2009 Da 22549 Verdict, issued May 24, 2012 [Supreme Ct.]).

(2)New Nippon Steel Corporation (2009 Da 68620 Verdict, issued May 24, 2012 [Supreme Ct.]).

B. Comfort Women Case

(1)Constitutionality of Nonfeasance under Article 3 of the Agreement between the Republic of Korea and Japan Concerning the Settlement of Problems in Regard to Property and Claims and Economic Cooperation (2006 Heonma 788 Decision, issued August 30, 2011 [Const. Ct.].

Chapter III: International Legal Issues Arising from a Divided Nation

I.Introduction

II.Maritime Border

2.1 The Maritime Boundaries of North Korea in the Yellow Sea

III.Maritime Conflicts

3.1Lethal Maritime Conflicts between North and South Korea: Any Role for International Law?

3.2The Cheonan Incident: A Perspective from International Law and Politics

IV.Law of the Sea

4.1North Korea and the Law of the Sea

V.Safety of Navigation

5.1Korea and the Safety of Navigation: Uncertainty Derived from Undefined Fences

Judicial Decisions

(1) Is the UN membership of ROK and DPRK a Mutual, Tacit Consent?
Constitutional Court [95 Heon-ga 2] Decision issued October 4, 1996.

(2) Legal Nature of the Inter-Korean Basic Agreement
Constitutional Court [89 Heon-ma 240] Decision issued January 16, 1997.

(3) Territorial Clause of the Constitution and the Status of North Korea
Supreme Court [90 Do 1451] Judgment issued September 25, 1990

(4) Status of North Korea's Military Government
Military Supreme Court [4281 Heong-sang 10] Judgment issued March 24, 1948.

Chapter IV: The Development of the Law of the Sea in Korea

I.Introduction

II.Fisheries

2.1Korean Response to Changes of the International Legal Framework for Fisheries in the Northeast Asian Seas

2.2Fisheries in the East China Sea and the Issue of Law Enforcement in the EEZ: Korean Perspective

2.3The Legal Assessment of the Illegal Fishing Activities of Chinese Fishing Vessels: A Focus on Detention of Foreign Vessels

III.Maritime Security and Safety

3.1Korea's Maritime Challenges and Priorities

3.2The Legal Framework of Maritime Security in East Asia: A Comparative View

IV.Maritime Cooperation

4.1Protection of the Sea Lanes in the Jeju Waters and Maritime Cooperation in Northeast Asia

V.Maritime Boundaries

5.1Intertemporal Law, Recent Judgments, and Territorial Disputes in Asia

5.2Territorial Disputes and Delimitation Issues between Korea and Its Neighbors

5.3Maritime Delimitation and Joint Resource Development in the East China Sea

VI.Piracy

6.1Korea's Maritime Challenges and Priorities - Piracy and Armed Robbery Against Ships

6.2Republic of Korea v. Araye

Judicial Decisions

(1) Judgment on the New Fisheries Agreement between Korea and Japan
Constitutional Court [99 Heon-ma 139, 142, 156, 160 Consolidated] Decision issued Mar. 21, 2001.

(2)Case concerning Piracy
Republic of Korea v. Araye (2011 Do 12927 Verdict, issued December 22, 2011 [Supreme Ct.]).

Chapter V: Other International Legal Issues Affecting Korea

I.Migration

1.1Korean-Chinese, Migrant Workers, Marriage Immigrant Women, and the Refugee Act

II.Border between North Korea and China

2.1Implications of the Border Regime between North Korea and China

III.Gando

3.1Analysis of Korea's Claim of Sovereignty over Gando (Jiandao) Area in China under International Law

Index