대만정부와의 외교관계단절(1992) 이후 한국-대만 간 조약관계에 관한 고찰 - 서울행정법원 2005. 9. 8. 선고 2004구합35615 및 동 법원 2005. 9. 8. 선고 2004구합35622 판결에 대한 평석을 겸하여-
The Severance of Diplomatic Ties between Korea and Taiwan (1992) and its Impact on their Treaty Relations - With Particular Reference to the Two Judgments by the Seoul Administrative Court (8 September 2005, Case Numbers 2004Guhap35615 and 2004
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.47 No.2, pp. 253-286
- 대만; 국가승계; 정부승인; 정부승계; 1969년 비엔나협약; recognition of governments; 1969 Vienna Convention; withdrawal of recognition; succession of governments; Taiwan
- The Korean Government withdrew its recognition of the Taipei Government as
the legitimate representative of China and gave it to the Beijing Government on
24 August 1992. A number of international legal questions ensued after the
Korean Government followed the policy that had been adopted by most other
major government of the world. One of them was the legal impact of
"de-recognizing" the Taipei Government on the treaty relations between Korea
and Taiwan. On 24 August 1992, Korea had 12 treaties with Taiwan. It was
plain that the 1964 Treaty of Amity between Korea and Taiwan would lapse
with the "switching" of recognition from the Taipei to the Beijing Government.
However, it was not clear whether agreements on air transport or maritime
transport would meet the same fate.
This article purports to delve into this thorny question by focusing on the
legal impact of the "de-recognition" on the 1986 Air Transport Agreement
between the Government of the Republic of Korea and the Government of the
Republic of China. In so doing, it conducts a critical analysis of the two
judgements handed down by the Seoul Administrative Court in September 2005.
The main arguments of the article are as follows. First, the diplomatic event that
took place on 24 August 1992 should be categorized as a "switching" or...