비교법연구(比較法硏究) : 헌법의 영토조항에 관한 비교헌법적 연구 = Comparative Study : A Study on Territory Clauses of the Constitutions in Comparative Constitutional Perspective

다국어 초록 (Multilingual Abstract)

Purposes of this study are as follows; firstly, to get the comprehensive and systematic knowledges on the territory clauses of the world constitutions. secondly, to clarify the implications of the territory clauses. thirdly, to indicate guidelines for the constitutional revisions. This study collects and analyzes 190 constitutions of the world. Conclusions of this study are as follows; There are territory clauses in over two thirds of the constitutions of the world, contrary to what is known before, and the contents of the territory clauses become more concrete and detailed. And this study classifies and systematizes the territory clauses into four groups, the Korean Constitution belongs to those that have concrete territory clause. The territory clauses have implications that they confirm the national identities, clarify the range of territory and declare the will of protecting their territories. In addition, there are other meanings in the territory clause of the Korean Constitution. As a divided country, it makes clear the will of unification and the legitimacy of the Republic of Korea. It has more meanings and values than those of other countries. This study cannot agree with the opinion that the territory clause should be eliminated when the constitution is revised. It is not desirable because it does not understand the recent changes of the territory clauses of the world constitutions and the uniqueness of the Korean Constitution. And academically it has a risk that it would shrink a study on the territory and the territory clauses as an important theme of constitutional study. If revision of the territory clause is agreed, its direction is to revise it more concretely and clearly to be consistent with the development of international law system and the trends of world constitutions.