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-

Abstract

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...