메뉴 건너뛰기
Library Notice
Institutional Access
If you certify, you can access the articles for free.
Check out your institutions.
ex)Hankuk University, Nuri Motors
Log in Register Help KOR
Subject
Humanities
General Humanities History Philosophy Religious Studies Linguistics and Literature Other Humanities
Social science
General Social Science Business Management Tourism Education Military Science Library and Information Science Law Sociology Journalism and Media Studies Psychological Science Political Science and Diplomacy Geography Public Administration Economics International Trade Anthropology Other Social Science
Natural science
General Natural Science Physics Biology Life Sciences Mathematics/Statistics Astronomy Earth Science Chemistry Other Natural Science
Engineering
General Engineering Architectural Engineering Mechanical Engineering Industrial Engineering Material/Energy Engineering Electrical and Electronic Engineering Marine and Ocean Engineering Chemical Engineering Computer Science Other Engineering
Medical science
General Medical Science Nursing Science Veterinary Pharmacy Traditional Korean Medicine Basic Medicine Clinical Medicine Other Medicine
Agriculture and Fishery
General Agriculture and Fishery Agriculture Fishery Science Food Science Forestry Animal Husbandry Marine Transportation Studies Other Agriculture and Fishery
Art and Kinesiology
General Arts Design Fine Arts Cosmetology Photography Music Fashion Kinesiology Performing Media Arts Other Arts and Kinesiology
Interdisciplinary Studies
Interdisciplinary Research Science and Technology Studies Brain and Cognitive Science Technology Policy Other Interdisciplinary Studies

KOR

A Legal-Historical Reappraisal on the 1910 Treaty between Korea and Japan
Recommendations
Search
Questions

1910년 한일조약에 대한 법사학적 재검토

논문 기본 정보

Type
Academic journal
Author
Kim, Changrok (경북대학교)
Journal
NORTHEAST ASIAN HISTORY FOUNDATION Dongbuga Yeoksa Nonchong No.29 KCI Accredited Journals
Published
2010.9
Pages
197 - 225 (29page)

Usage

cover
📌
Topic
📖
Background
🔬
Method
🏆
Result
A Legal-Historical Reappraisal on the 1910 Treaty between Korea and Japan
Ask AI
Recommendations
Search
Questions

Abstract· Keywords

Report Errors
The 1910 Treaty, which has been insisted as a legal basis of Japanese colonial rule of Han-peninsula, is still controversial, even after 100 years since it was concluded. The kernel of the question is the effect of the Treaty, which comprises two particular questions: the question of the effect of the Treaty itself and the question of the agreement between Korea and Japan on the effect.
Through the serious discussions among Korean and Japanese scholars since 1990’s, it has been made clear that the Emperor of the Great Han Empire was oppressed and there were many defects of procedure in the conclusion process of the Treaty. It has been also made clear that the customary international law of those days, which can be identified by the scholars’ books, declared that the treaty concluded by oppression was null and void, even though there was a conflict of opinions on the intensity of the oppression. It has been made clear that the interpretations of Korean and Japanese governments on the Article 2 of 1965 Basic Treaty set up in opposition from the beginning and that the opposition continued through the whole process of the conclusion of the Basic Treaty, as well.
On the other hand, since 1990’s, the Japanese government has expressed its deep remorse and heartfelt apology for the fact that Japan caused tremendous damage and suffering to the people of Korea through its colonial rule. In 2005, the Korean government declared that the problems regarding inhumane wrongs such as the Japanese military sexual slavery should not be accounted as settled and thus the legal responsibility of the Japanese government for those wrongs remains.
Regarding to the question of the effect of the 1910 Treaty, there is a suggestion that a fundamental reconsideration is needed on the logical frame of the argument based on the scholars’ opinions in the era of imperialism. However, the starting point of the argument is law and the argument continues in the context of law. Therefore, it is not appropriate to ‘overcome’ law.
The argument should be settled in the context of law. It would be one option that the Japanese government choose the international law of those days, which supports the invalidity of the Treaty, to overcome the suspicion about the authenticity of its remorse and apology. Another option would be that we build up a new legal frame to declare the illegality of the colonial rule in general, discarding the frame of the international law in the era of imperialism.
In 2010, the significant year after 100 years since the conclusion of the 1910 Treaty, the conversation between Korea and Japan should be deepen to achieve more progress in righting the wrongs of the past.
#1910 Treaty between Korea and Japan #'Treaty of Annexation' #Effect of Treaties #Treaty on Basic Relations between Japan and the Republic of Korea #Agreement Between Japan and the Republic of Korea Concerning the Settlement of Problems in Regard to Property and Claims and Economic Cooperation #Righting the Wrongs of the Past

Contents

Ⅰ. 머리말
Ⅱ. 1910년 조약의 효력의 문제
Ⅲ. 1910년 조약의 효력에 관한 합의의 문제
Ⅳ. 과제와 전망
Ⅴ. 맺음말
참고문헌
[ABSTRACT]

References (50)

Add References
1. [인터넷자원] - / / 日韓會談文書·全面公開を求める會 google schola 2. [인터넷자원] - / / 태평양전쟁 전후 국외 강제동원희생자 지원위원회 google schola 3. [기타자료] - / 1965 / 「기본관계문서 실무자 회의 토의 요약」, 1965. 2. 18, 『제7차 한일회담. 기본관계위윈회 회의록 및 훈령, 1964.12-65.2』 (등록번호 1455) google schola 4. [기타자료] - 국무조정실 / 2005 / 「보도자료 한일회담 문서공개 후속대책 관련 민관공동위원회 개최」,2005. 8. 26 google schola 5. [인터넷자원] - 內閣法制局官報課 / / 官報 號外 google schola

Recommendations

It is an article recommended by DBpia according to the article similarity. Check out the related articles!

Related Authors

Frequently Viewed Together

The Validity of the Treaties Related to the Japanese Annexation of Korea and Corruption of a Representative of a State
Pae Keun Pa ,  k Seoul International Law Jornal 2010 .12
Revisiting the Protectorate Treaty of 1905 from the Perspective of International Law
DOH See-hwan THE KOREAN JOURNAL OF INTERNATIONAL LAW 2015 .12
Validity of the Treaties Related to Annexation of Korea Re-examined: A Review on the Form and the Procedure of Treaty Making from the Perspective of Inter-temporal Law
Pa ,  k Pae Keun THE KOREAN JOURNAL OF INTERNATIONAL LAW 2009 .08
The Meaning and Limitations of the Arguments concerning the Validity of the Treaties related to the Annexation of Korea by Japan
Pa ,  k Pae-Keun LAW REVIEW 2003 .12

Recently viewed articles

Financial development - institutions - economic growth
Oh Sang KeunKorean Association Of Regional Studies2005.06
 The Perception of Audience on Terrestrial Broadcasting in Multi-Platform Era : The Core Public Sphere and Quality Evaluation
Soo Young JungBroadcast Research Institute2016.12
 위기에 빠진 것은, ‘청년’이 아니라 ‘사회’다
이충한SAEUL FOUNCATION OF CULTURE2019.06

Comments(0)

0

Write first comments.

UCI(KEPA) : I410-ECN-0101-2014-910-002365259