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초록· 키워드
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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.
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
목차
Ⅰ. 머리말
Ⅱ. 1910년 조약의 효력의 문제
Ⅲ. 1910년 조약의 효력에 관한 합의의 문제
Ⅳ. 과제와 전망
Ⅴ. 맺음말
참고문헌
[ABSTRACT]
참고문헌 (50)
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UCI(KEPA) : I410-ECN-0101-2014-910-002365259