독도를 지키는 법(양장본 HardCover)
독도를 한국 영해인정에 효력 갖는 법률
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제2차 세계대전 종전부터 73년이 경과한 지금, 독도영유권과 관련된 ‘광복’ 및 ‘2차 세계대전 이후의 변화’에 대한 관심이 국내외에서 높고, 제2차 세계대전과 관련된 출판물들은 많이 나왔지만 우리의 관심을 집중시킨 독도영유권의 결정에 대한 연구는 많지 않았다.
이 책은 최근 한?일간의 갈등양상을 해소하기 위해 새로운 미래적 관점에서 진실을 밝히는 것이 목적이다. 여기서는 카이로 선언, 얄타협정, 포츠담선언, 1945년부터 1952년 사이에 발한 칙령, 각서, 포츠담명령, 일본법령, 군정청 법령, 인접해양의 주권에 대통령의 선언, 샌프란시스코 평화조약 등을 분석대상으로 하였다.
1945년 7월 26일의 포츠담선언은 일본의 주권을 본주, 북해도, 구주, 사국과 연합국이 결정하는 작은 섬들로 규정했다, 그리고 ‘항복 후에 있어서 미국의 초기 대일방침’에서는 일본국의 주권은 ‘본주, 북해도, 구주, 사국과 카이로선언 및 미국이 이미 참가하거나 또는 장래 참가해야 할 다른 협정에 따라 결정해야 할 주변의 여러 섬들에 국한한다’고 구체적인 방향을 설정하고 있다. 또한 <일본점령 및 관리를 위한 연합국 최고사령관에 대한 항복 후에 있어서 초기의 기본적 지령>에서는 일본의 주요한 4도인 북해도, 본주, 구주, 사국 및 대마도를 포함한 약 1천 개의 인접 제소도를 주권에 포함시키고 있다. 그리고 SCAPIN 677호에서는 일본의 범위에서 울릉도, 독도, 제주도를 제외시켰다.
<인접해양의 주권에 대한 대통령의 선언(평화선)>은 불법이 아닌 합법적으로 선포되었는데, 여러 법령들로부터 왜 이 법령이 선택되었는지와 그 법령의 의의가 어떻게 운용되고 분석되었는지가 중요하다. 이와 같은 관점에서 이 책을 읽는다면, 해방 후 독도에 대한 한국정부의 인식과 대응연구와 기초자료가 될 수 있을 것이다.
1970년대 이후 미국과 일본의 외교문서가 공개되어, 해방 후 연구는 비약적으로 진전을 이루었다. 그러나 방대한 GHQ와 미국 국무성 등에서 원자료의 이용이 가능하게는 되었으나, 정보의 홍수에 의해 ‘무엇이 독도에 대한 기본적인 법령인가’, ‘어느 것이 독도주권연구에 중요한 정보인가’를 식별하는 어려움이 제기되었으며, 한국정부는 이에 대해 어떻게 대응했는가에 대한 연구도 중요해졌다.
이 책은 저자가 40년이 넘게 독도주권에 대해(제2차 세계대전 후 일본과의 관계를 나타내는) 수집한 자료를 바탕으로, 국내외 연구를 통해 독도갈등의 진실에 다가가기 위한 연구 성과의 결과물로, 지금까지 공개되지 않은 연합국사령부 지령, 각서, 조선 군정청법령, 조선과도정부법령, 대한민국법령, 포츠담명령, 일본법령, 문서들을 이론적 기반을 위해 인용했고, 가설을 덧붙였으며, 가능한 한 원문과 번역문을 첨부했다.
이제는 우리 스스로 국제적으로도 납득할 수 있는 학술적 해석을 통해 독도의 진실을 밝히고, 새로운 미래로 나아갈 수 있는 세계관에 대한 공유가 필요하며, 아직까지도 독도의 진실을 모르는 한국과 일본, 그리고 관련국 젊은 세대들의 갈등해소와 미래를 위한 새로운 출발점이 되길 기대한다.
이 책은 최근 한?일간의 갈등양상을 해소하기 위해 새로운 미래적 관점에서 진실을 밝히는 것이 목적이다. 여기서는 카이로 선언, 얄타협정, 포츠담선언, 1945년부터 1952년 사이에 발한 칙령, 각서, 포츠담명령, 일본법령, 군정청 법령, 인접해양의 주권에 대통령의 선언, 샌프란시스코 평화조약 등을 분석대상으로 하였다.
1945년 7월 26일의 포츠담선언은 일본의 주권을 본주, 북해도, 구주, 사국과 연합국이 결정하는 작은 섬들로 규정했다, 그리고 ‘항복 후에 있어서 미국의 초기 대일방침’에서는 일본국의 주권은 ‘본주, 북해도, 구주, 사국과 카이로선언 및 미국이 이미 참가하거나 또는 장래 참가해야 할 다른 협정에 따라 결정해야 할 주변의 여러 섬들에 국한한다’고 구체적인 방향을 설정하고 있다. 또한 <일본점령 및 관리를 위한 연합국 최고사령관에 대한 항복 후에 있어서 초기의 기본적 지령>에서는 일본의 주요한 4도인 북해도, 본주, 구주, 사국 및 대마도를 포함한 약 1천 개의 인접 제소도를 주권에 포함시키고 있다. 그리고 SCAPIN 677호에서는 일본의 범위에서 울릉도, 독도, 제주도를 제외시켰다.
<인접해양의 주권에 대한 대통령의 선언(평화선)>은 불법이 아닌 합법적으로 선포되었는데, 여러 법령들로부터 왜 이 법령이 선택되었는지와 그 법령의 의의가 어떻게 운용되고 분석되었는지가 중요하다. 이와 같은 관점에서 이 책을 읽는다면, 해방 후 독도에 대한 한국정부의 인식과 대응연구와 기초자료가 될 수 있을 것이다.
1970년대 이후 미국과 일본의 외교문서가 공개되어, 해방 후 연구는 비약적으로 진전을 이루었다. 그러나 방대한 GHQ와 미국 국무성 등에서 원자료의 이용이 가능하게는 되었으나, 정보의 홍수에 의해 ‘무엇이 독도에 대한 기본적인 법령인가’, ‘어느 것이 독도주권연구에 중요한 정보인가’를 식별하는 어려움이 제기되었으며, 한국정부는 이에 대해 어떻게 대응했는가에 대한 연구도 중요해졌다.
이 책은 저자가 40년이 넘게 독도주권에 대해(제2차 세계대전 후 일본과의 관계를 나타내는) 수집한 자료를 바탕으로, 국내외 연구를 통해 독도갈등의 진실에 다가가기 위한 연구 성과의 결과물로, 지금까지 공개되지 않은 연합국사령부 지령, 각서, 조선 군정청법령, 조선과도정부법령, 대한민국법령, 포츠담명령, 일본법령, 문서들을 이론적 기반을 위해 인용했고, 가설을 덧붙였으며, 가능한 한 원문과 번역문을 첨부했다.
이제는 우리 스스로 국제적으로도 납득할 수 있는 학술적 해석을 통해 독도의 진실을 밝히고, 새로운 미래로 나아갈 수 있는 세계관에 대한 공유가 필요하며, 아직까지도 독도의 진실을 모르는 한국과 일본, 그리고 관련국 젊은 세대들의 갈등해소와 미래를 위한 새로운 출발점이 되길 기대한다.
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제1장 서 론
1. 연구의 목적·············································································· 29
2. 독도주권연구의 기반······························································· 31
3. 샌프란시스코 평화조약 전후의 포츠담명령 연구················ 32
4. 극비문서의 인용······································································ 33
5. 포츠담 칙령············································································· 35
6. 독도 비밀문서·········································································· 38
제2장 독도의 주권이란 무엇인가
1. 주권··························································································· 43
2. 영역·························································································· 45
3. 영토의 개념············································································· 48
제3장 1952년 일본국회에서 통과된 독도관련법
1. 독도의 법적효력······································································· 51
2. 일본 외무성 홈페이지의 영토와 주권··································· 53
3. 일본 외무성 홈페이지의 폭격훈련구역································· 58
제4장 포츠담이론과 독도
1. 다운폴 작전과 블랙리스트 작전············································· 61
2. 포츠담 이론의 성립································································ 62
3. 본토 진주 작전········································································ 63
4. 본토 진주················································································· 64
5. 점령기의 정책·········································································· 72
6. 점령정책과 민주화정책··························································· 73
7. 점령정책과 경제부흥······························································· 75
8. 샌프란시스코 평화조약의 체결과 발효································· 76
제5장 제2차 세계대전 전후의 독도에 대한 관점
1. 카이로선언················································································ 79
2. 얄타협정··················································································· 84
3. 포츠담 선언············································································· 88
4. 항복문서··················································································· 95
제6장 연합국지령과 독도
1. 지령 제1호 ············································································ 101
2. 지령 제2호············································································· 103
3. 연합국 최고사령관의 권한에 관한 맥아더 원수에의 통달·······104
4. 항복 후에 있어서 미국의 초기 대일방침··························· 105
5. 일본점령 및 관리를 위한 연합국최고사령관에 대한 항복 후에 있어서 초기의 기본적 지령···················································106
6. 연합국의 일본점령의 기본적 목적과 연합군에 의한 그 달성의 방법에 관한 맥아더원수의 관하부대에 대한 훈령············ 107
7. 약간의 외곽지역의 일본으로부터의 정치상 및 행정상의 분리에 관한 총사령부각서 ·················································· 107
8. 일본어업과 포경업의 조업구역지정에 관한 총사령부 각서·· 114
9. 일본관리에 관한 명령계통···················································· 116
제7장 일본 군정문서 분석
1. 지령의 분석············································································· 117
2. 지령의 통달경로····································································· 117
3. 점령과 주권 ·········································································· 119
제8장 주한, 주일미군과 독도폭격훈련
1. 독도폭격훈련장 지정······························································ 121
2. 독도폭격훈련장 문서····························································· 130
제9장 인접해양의 주권에 대한 대통령선언의 이론적 배경
1. 대한제국칙령 제41호와 독도주권 DNA ···························· 137
2. 일본의 입장 ·········································································· 139
3. 인접해양의 주권에 대한 대통령의 선언····························· 140
4. 연합국각서에 의한 이론적 근거·········································· 145
5. 일본법령에 의한 이론적 근거·············································· 148
6. 군정청법령에 의한 이론적 근거 ········································ 150
7. 대한민국의 어업 및 자원보호조치에 의한 이론적 근거··· 164
8. 맥아더라인과 평화선····························································· 170
제10장 샌프란시스코 평화조약 발효 후에도 존속하는 포츠담명령
1. 포츠담칙령············································································ 173
2. 포츠담명령············································································· 174
3. 샌프란시스코 평화조약 발효후 법률로서의 효력을 가진 포츠담명령·············································································· 175
4. 샌프란시스코 평화조약 발효 이후에도 법률로서의 효력을 가진 독도주권 법률······························································· 177
제11장 조선총독부교통국공제조합의 본방내에 있는 재산의 정리에 관한 정령
1. 칙령 제542호········································································· 179
2. 정령 제40호··········································································· 180
3. 총리부령 제24호 ·································································· 181
4. 법률 제16호··········································································· 183
5. 법률 제116호·········································································· 187
제12장 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령
1. 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령 ································································ 191
2. 법무성, 외무, 대장, 농림, 후생, 통산, 운수성령 제1호·· 192
3. 법률 제43호··········································································· 193
4. 법률 제268호········································································· 194
5. 법률 제259호········································································· 195
6. 법률 제107호········································································· 196
7. 법무부령, 외무성령, 대장성령, 후생성령, 농림성령, 통상산업성령, 운수성령 제1호············································· 198
8. 법률 제160호············································································ 200
9. 외무성령 대장성령 제1호····················································· 201
제13장 샌프란시스코 평화조약 이후에도 계속 존속한 독도법령
1. 울릉도, 독도, 제주도를 일본의 부속섬에서 제외한 현행법령················································································· 203
2. 법률 제256호의 개정과 삭제 ············································ 203
3. 구령에 의한 공제조합 등에서의 연금수급자를 위한 특별조치법의 변천과정························································· 207
제14장 인접해양의 주권에 대한 일본법령의 변천과정
1. 항해의 제한 등에 관한 건···················································· 217
2. 항해의 제한 등에 관한 건 제1조 및 제3조에 의한 항해의 제한, 출입항의 수속에 관한 지정······································· 218
3. 항해의 제한에 있어서 1945년 운수성 고시 제198호를 폐지하는 고시········································································ 219
4. 항해의 제한에 대한 일부를 개정하는 고시······················· 220
5. 법률 제72호로 평화조약 발효 후에도 효력을 가진 법률로 존속············································································ 221
6. 운수성 고시 제101호····························································· 221
7. 운수성 고시 제117호···························································· 222
제15장 샌프란시스코 평화조약 전 폐지된 포츠담명령
1. 수출진흥을 위한 외화자금의 우선사용에 관한 정령········· 225
2. 수출진흥을 위한 외화자금의 우선사용에 관한 정령 제5조 제1항에 규정된 부속도를 정하는 성령··················· 226
3. 정령 제241호········································································· 227
4. 법률 제87호·········································································· 227
제16장 샌프란시스코 평화조약 발효 이후 새 법률 제정해 독도를 일본에서 제외
1. 샌프란시스코 평화조약 발효 후 독도를 일본에서 제외한 법령··········································································· 232
2. 접수귀금속 등의 수량 등의 보고에 관한 법률 공포············ 233
3. 대장성령 제99호··································································· 234
4. 접수귀금속등의 수량 등의 보고에 관한 성령(법률 제298호 1952년 8월 5일)의 개정··························· 236
5. 특수재산················································································· 239
6. 접수귀금속과 자산································································ 241
7. 법률 제165호········································································· 245
8. 방위청 훈령 제36호····························································· 246
제17장 샌프란시스코 평화조약과 독도의 반환
1. 샌프란시스코 평화조약 영토조항 원문······························· 249
2. 샌프란시스코 평화조약 영토조항 국문······························· 254
3. 샌프란시스코 평화조약과 독도의 반환······························· 257
제18장 독도가 외국이거나 일본의 부속섬이 아니라는 포츠담칙령에 의한 포츠담명령
1. 조선인, 중화민국인, 본도인 및 본적이 북위 30도이남(구치노시마를 포함)의 가고시마 현 또는 오키나와 현에 있는 자의 등록령 제3조 제1항의 후생대신이 지정한 지역지정···························· 265
2. 회사배당 등 금지제한령 시행규칙 제1조 제1호에 의해 외국에 포함된 지역지정············································································ 267
3. 관세법의 벌칙 등의 특례에 관한 칙령····························· 267
4. 육군군법회의법, 해군군법회의법 및 제1복원재판소 및 제2복원재판소령 폐지에 관한 건(1946년 칙령 제278호)에 의한 본주, 북해도, 사국 및 구주의 부속도서 지정··························· 269
5. 무역 등 임시조치령···························································· 270
6. 항해의 제한에 대한 일부를 개정하는 고시····················· 272
7. 외국인 등록령 시행규칙····················································· 273
8. 1948년 법률 제8호(유가증권 처분의 조정 등에 관한 건)제14조 제1항의 규정에 의한 지정법인(1945년 칙령 제657호(회사해산의 제한 등의 건))제1조의 2에 의해 규정된 지정회사···· 274
9. 재산 및 화물의 수출입의 취체에 관한 정령··················· 275
10. 외국환관리법시행규칙 제94조 또는 금, 은, 유가증권 등의 수출입 등에 관한 금융거래의 취체에 관한 성령 제7조의 규정에 의한 제한 및 보고를 면제하는 건·············································· 277
11. 수출진흥을 위한 외화자금의 우선사용에 관한 정령 제5조 제1항에 규정된 부속도를 정하는 성령······································· 278
12. 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령········································································ 279
13. 외국환은행의 임시조치 등에 관한 정령의 시행에 관한 성령······················································································· 281
14. 총리부령 24호 (1951년 6월 6일)····································· 282
15. 정령 제259호······································································· 283
16. 외무성령 제18호·································································· 285
17. 운수성 고시 제101호·························································· 286
18. 법률 제87호········································································· 287
19. 운수성 고시 제117호··························································· 289
제19장 독도가 외국이거나 일본의 부속섬이 아니라는 법령
1. 대장성 고시 제654호·························································· 291
2. 사법성령 제77호································································· 292
3. 사법성령 제94호································································· 295
4. 대장성령 제59호································································· 296
5. 대장성 고시 제219호·························································· 297
6. 총리부령·체신성령 제1호················································· 298
7. 농림성령 제87호································································· 299
8. 외무성령 제1호···································································· 300
9. 대장성령 제36호································································· 301
10. 총리부령·대장성령·통상산업성령 제1호························ 302
11. 정령 제95호········································································· 303
12. 대장성령 제50호································································· 304
13. 정령 제432호······································································ 304
14. 총리부령·법무부령·대장성령·문부성령·후생성령·농림성령·통상산업성령·운수성령·우정성령·전기통신성령·노동성령·건설성령·경제안정본부령 제3호·························· 305
15. 우정성령 제13호·································································· 308
16. 대장성령 제4호··································································· 309
17. 정령 제66호········································································· 310
18. 문부성령 제9호···································································· 312
19. 문부성·통상산업성 고시 제1호········································· 313
20. 외무성령 제30호································································· 314
21. 외무성 고시 34호································································ 316
22. 대장성령 제99호································································· 317
23. 시마네현 고시 제352호······················································ 319
24. 법률 제165호······································································· 321
제20장 군정기의 법령
1. 재조선 미국군사령부 군정청 법령 제2호····························· 325
2. 재조선 미국육군사령부 군정청 법령 제27호····················· 327
3. 재조선 미국육군사령부 군정청 일반고시 제4호··············· 328
4. 재조선 미국육군사령부 군정청 법령 제33호····················· 329
5. 어업면허·허가 취체규칙····················································· 330
6. 재 조선 미국 육군 사령부 군정청······································ 335
7. 남조선 과도정부 ·································································· 337
8. 남조선 과도정부···································································· 338
9. 귀속재산 임시조치법···························································· 339
제21장 독도주권 연구
1. 가설의 설정············································································ 341
2. 가설의 검증··········································································· 347
제22장 독도주권
1. 연구의 요약············································································ 379
2. 새롭게 밝혀진 역사적 사실················································· 383
3. 독도주권과 관련한 연구결과··············································· 386
4. 독도가 한국주권 하에 있다는 근거···································· 389
5. 연구의 의의와 한계····································392
1. 연구의 목적·············································································· 29
2. 독도주권연구의 기반······························································· 31
3. 샌프란시스코 평화조약 전후의 포츠담명령 연구················ 32
4. 극비문서의 인용······································································ 33
5. 포츠담 칙령············································································· 35
6. 독도 비밀문서·········································································· 38
제2장 독도의 주권이란 무엇인가
1. 주권··························································································· 43
2. 영역·························································································· 45
3. 영토의 개념············································································· 48
제3장 1952년 일본국회에서 통과된 독도관련법
1. 독도의 법적효력······································································· 51
2. 일본 외무성 홈페이지의 영토와 주권··································· 53
3. 일본 외무성 홈페이지의 폭격훈련구역································· 58
제4장 포츠담이론과 독도
1. 다운폴 작전과 블랙리스트 작전············································· 61
2. 포츠담 이론의 성립································································ 62
3. 본토 진주 작전········································································ 63
4. 본토 진주················································································· 64
5. 점령기의 정책·········································································· 72
6. 점령정책과 민주화정책··························································· 73
7. 점령정책과 경제부흥······························································· 75
8. 샌프란시스코 평화조약의 체결과 발효································· 76
제5장 제2차 세계대전 전후의 독도에 대한 관점
1. 카이로선언················································································ 79
2. 얄타협정··················································································· 84
3. 포츠담 선언············································································· 88
4. 항복문서··················································································· 95
제6장 연합국지령과 독도
1. 지령 제1호 ············································································ 101
2. 지령 제2호············································································· 103
3. 연합국 최고사령관의 권한에 관한 맥아더 원수에의 통달·······104
4. 항복 후에 있어서 미국의 초기 대일방침··························· 105
5. 일본점령 및 관리를 위한 연합국최고사령관에 대한 항복 후에 있어서 초기의 기본적 지령···················································106
6. 연합국의 일본점령의 기본적 목적과 연합군에 의한 그 달성의 방법에 관한 맥아더원수의 관하부대에 대한 훈령············ 107
7. 약간의 외곽지역의 일본으로부터의 정치상 및 행정상의 분리에 관한 총사령부각서 ·················································· 107
8. 일본어업과 포경업의 조업구역지정에 관한 총사령부 각서·· 114
9. 일본관리에 관한 명령계통···················································· 116
제7장 일본 군정문서 분석
1. 지령의 분석············································································· 117
2. 지령의 통달경로····································································· 117
3. 점령과 주권 ·········································································· 119
제8장 주한, 주일미군과 독도폭격훈련
1. 독도폭격훈련장 지정······························································ 121
2. 독도폭격훈련장 문서····························································· 130
제9장 인접해양의 주권에 대한 대통령선언의 이론적 배경
1. 대한제국칙령 제41호와 독도주권 DNA ···························· 137
2. 일본의 입장 ·········································································· 139
3. 인접해양의 주권에 대한 대통령의 선언····························· 140
4. 연합국각서에 의한 이론적 근거·········································· 145
5. 일본법령에 의한 이론적 근거·············································· 148
6. 군정청법령에 의한 이론적 근거 ········································ 150
7. 대한민국의 어업 및 자원보호조치에 의한 이론적 근거··· 164
8. 맥아더라인과 평화선····························································· 170
제10장 샌프란시스코 평화조약 발효 후에도 존속하는 포츠담명령
1. 포츠담칙령············································································ 173
2. 포츠담명령············································································· 174
3. 샌프란시스코 평화조약 발효후 법률로서의 효력을 가진 포츠담명령·············································································· 175
4. 샌프란시스코 평화조약 발효 이후에도 법률로서의 효력을 가진 독도주권 법률······························································· 177
제11장 조선총독부교통국공제조합의 본방내에 있는 재산의 정리에 관한 정령
1. 칙령 제542호········································································· 179
2. 정령 제40호··········································································· 180
3. 총리부령 제24호 ·································································· 181
4. 법률 제16호··········································································· 183
5. 법률 제116호·········································································· 187
제12장 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령
1. 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령 ································································ 191
2. 법무성, 외무, 대장, 농림, 후생, 통산, 운수성령 제1호·· 192
3. 법률 제43호··········································································· 193
4. 법률 제268호········································································· 194
5. 법률 제259호········································································· 195
6. 법률 제107호········································································· 196
7. 법무부령, 외무성령, 대장성령, 후생성령, 농림성령, 통상산업성령, 운수성령 제1호············································· 198
8. 법률 제160호············································································ 200
9. 외무성령 대장성령 제1호····················································· 201
제13장 샌프란시스코 평화조약 이후에도 계속 존속한 독도법령
1. 울릉도, 독도, 제주도를 일본의 부속섬에서 제외한 현행법령················································································· 203
2. 법률 제256호의 개정과 삭제 ············································ 203
3. 구령에 의한 공제조합 등에서의 연금수급자를 위한 특별조치법의 변천과정························································· 207
제14장 인접해양의 주권에 대한 일본법령의 변천과정
1. 항해의 제한 등에 관한 건···················································· 217
2. 항해의 제한 등에 관한 건 제1조 및 제3조에 의한 항해의 제한, 출입항의 수속에 관한 지정······································· 218
3. 항해의 제한에 있어서 1945년 운수성 고시 제198호를 폐지하는 고시········································································ 219
4. 항해의 제한에 대한 일부를 개정하는 고시······················· 220
5. 법률 제72호로 평화조약 발효 후에도 효력을 가진 법률로 존속············································································ 221
6. 운수성 고시 제101호····························································· 221
7. 운수성 고시 제117호···························································· 222
제15장 샌프란시스코 평화조약 전 폐지된 포츠담명령
1. 수출진흥을 위한 외화자금의 우선사용에 관한 정령········· 225
2. 수출진흥을 위한 외화자금의 우선사용에 관한 정령 제5조 제1항에 규정된 부속도를 정하는 성령··················· 226
3. 정령 제241호········································································· 227
4. 법률 제87호·········································································· 227
제16장 샌프란시스코 평화조약 발효 이후 새 법률 제정해 독도를 일본에서 제외
1. 샌프란시스코 평화조약 발효 후 독도를 일본에서 제외한 법령··········································································· 232
2. 접수귀금속 등의 수량 등의 보고에 관한 법률 공포············ 233
3. 대장성령 제99호··································································· 234
4. 접수귀금속등의 수량 등의 보고에 관한 성령(법률 제298호 1952년 8월 5일)의 개정··························· 236
5. 특수재산················································································· 239
6. 접수귀금속과 자산································································ 241
7. 법률 제165호········································································· 245
8. 방위청 훈령 제36호····························································· 246
제17장 샌프란시스코 평화조약과 독도의 반환
1. 샌프란시스코 평화조약 영토조항 원문······························· 249
2. 샌프란시스코 평화조약 영토조항 국문······························· 254
3. 샌프란시스코 평화조약과 독도의 반환······························· 257
제18장 독도가 외국이거나 일본의 부속섬이 아니라는 포츠담칙령에 의한 포츠담명령
1. 조선인, 중화민국인, 본도인 및 본적이 북위 30도이남(구치노시마를 포함)의 가고시마 현 또는 오키나와 현에 있는 자의 등록령 제3조 제1항의 후생대신이 지정한 지역지정···························· 265
2. 회사배당 등 금지제한령 시행규칙 제1조 제1호에 의해 외국에 포함된 지역지정············································································ 267
3. 관세법의 벌칙 등의 특례에 관한 칙령····························· 267
4. 육군군법회의법, 해군군법회의법 및 제1복원재판소 및 제2복원재판소령 폐지에 관한 건(1946년 칙령 제278호)에 의한 본주, 북해도, 사국 및 구주의 부속도서 지정··························· 269
5. 무역 등 임시조치령···························································· 270
6. 항해의 제한에 대한 일부를 개정하는 고시····················· 272
7. 외국인 등록령 시행규칙····················································· 273
8. 1948년 법률 제8호(유가증권 처분의 조정 등에 관한 건)제14조 제1항의 규정에 의한 지정법인(1945년 칙령 제657호(회사해산의 제한 등의 건))제1조의 2에 의해 규정된 지정회사···· 274
9. 재산 및 화물의 수출입의 취체에 관한 정령··················· 275
10. 외국환관리법시행규칙 제94조 또는 금, 은, 유가증권 등의 수출입 등에 관한 금융거래의 취체에 관한 성령 제7조의 규정에 의한 제한 및 보고를 면제하는 건·············································· 277
11. 수출진흥을 위한 외화자금의 우선사용에 관한 정령 제5조 제1항에 규정된 부속도를 정하는 성령······································· 278
12. 구 일본점령지역에 본점을 둔 회사의 본방 내에 있는 재산의 정리에 관한 정령········································································ 279
13. 외국환은행의 임시조치 등에 관한 정령의 시행에 관한 성령······················································································· 281
14. 총리부령 24호 (1951년 6월 6일)····································· 282
15. 정령 제259호······································································· 283
16. 외무성령 제18호·································································· 285
17. 운수성 고시 제101호·························································· 286
18. 법률 제87호········································································· 287
19. 운수성 고시 제117호··························································· 289
제19장 독도가 외국이거나 일본의 부속섬이 아니라는 법령
1. 대장성 고시 제654호·························································· 291
2. 사법성령 제77호································································· 292
3. 사법성령 제94호································································· 295
4. 대장성령 제59호································································· 296
5. 대장성 고시 제219호·························································· 297
6. 총리부령·체신성령 제1호················································· 298
7. 농림성령 제87호································································· 299
8. 외무성령 제1호···································································· 300
9. 대장성령 제36호································································· 301
10. 총리부령·대장성령·통상산업성령 제1호························ 302
11. 정령 제95호········································································· 303
12. 대장성령 제50호································································· 304
13. 정령 제432호······································································ 304
14. 총리부령·법무부령·대장성령·문부성령·후생성령·농림성령·통상산업성령·운수성령·우정성령·전기통신성령·노동성령·건설성령·경제안정본부령 제3호·························· 305
15. 우정성령 제13호·································································· 308
16. 대장성령 제4호··································································· 309
17. 정령 제66호········································································· 310
18. 문부성령 제9호···································································· 312
19. 문부성·통상산업성 고시 제1호········································· 313
20. 외무성령 제30호································································· 314
21. 외무성 고시 34호································································ 316
22. 대장성령 제99호································································· 317
23. 시마네현 고시 제352호······················································ 319
24. 법률 제165호······································································· 321
제20장 군정기의 법령
1. 재조선 미국군사령부 군정청 법령 제2호····························· 325
2. 재조선 미국육군사령부 군정청 법령 제27호····················· 327
3. 재조선 미국육군사령부 군정청 일반고시 제4호··············· 328
4. 재조선 미국육군사령부 군정청 법령 제33호····················· 329
5. 어업면허·허가 취체규칙····················································· 330
6. 재 조선 미국 육군 사령부 군정청······································ 335
7. 남조선 과도정부 ·································································· 337
8. 남조선 과도정부···································································· 338
9. 귀속재산 임시조치법···························································· 339
제21장 독도주권 연구
1. 가설의 설정············································································ 341
2. 가설의 검증··········································································· 347
제22장 독도주권
1. 연구의 요약············································································ 379
2. 새롭게 밝혀진 역사적 사실················································· 383
3. 독도주권과 관련한 연구결과··············································· 386
4. 독도가 한국주권 하에 있다는 근거···································· 389
5. 연구의 의의와 한계····································392
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