해양관할구역 획정과 새만금 신항 매립지 관할권 분쟁에 관한 연구 = The Demarcation of Marine Jurisdiction, and Disputes over Saemangeum New Port Reclamation Areas

다국어 초록 (Multilingual Abstract)

Purpose: This study analyzes legal issues arising from ongoing disputes over the demarcation of marine jurisdiction between local governments in Korea, focusing on the Saemangeum reclamation area. Recent jurisdictional decisions by the Ministry of the Interior and Safety in 2025, and t he designation of a one-port system for Saemangeum New Port have intensified conflicts between Gunsan City and Gimje City, highlighting the need for coherent legal and policy solutions.
Research design, data, and methodology: This study adopts a doctrinal research approach based on a comprehensive review of academic articles, case analyses, legislative reports, Supreme Court precedents, and discussions from an academic forum held in October 2025. Particular attention is given to the Supreme Court’s 2013 decision (2010Chu73) and the proposed Act on the Demarcation of Marine Jurisdiction.
Results: Findings indicate that the Local Autonomy Act lacks substantive criteria for jurisdictional determination, allowing excessive administrative discretion and prolonged disputes. While the Supreme Court’s balancing test offers flexibility, it undermines legal predictability. The proposed legislation provides more objective standards by emphasizing equity, equidistance principles, and intergovernmental agreement.
Conclusions: Prompt enactment of the Act on the Demarcation of Marine Jurisdiction, and its integration with Marine Spatial Planning, are essential to resolving future marine jurisdiction disputes efficiently and equitably.