Japan–Korea Treaty of 1910

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Japan-Korea Annexation Treaty
Japanese name
Kanji 日韓併合条約
Hiragana にっかんへいごうじょうやく
Rōmaji Nikkan Heigō Jōyaku
Korean name
Hangul 한일병합조약
(한일합방조약, 한일합방늑약)
Hanja 韓日倂合条約
(韓日合邦条約, 韓日合邦勒約)
Revised Romanization Hanil Byeonghap Joyak
(Hanil Hapbang Joyak, Hanil Hapbang Neugyak)
General power of attorney to Lee Wan-Yong signed and sealed by the last emperor, Sunjong of Korean Empire (Lee Cheok, 이척 李坧) upon compulsion in effect on August 22, 1910 (明示43年、隆熙4年). Traditionally, Korean monarchs did not sign in the official documents with their real names. But the Korean Emperor was forced by Japan to follow a new custom to sign with his real name, which originated from the Western world. It mentioned Sunjong's signature may be compulsory.[1] You can find the last emperor's first name(坧) above.

The Japan–Korea Treaty of 1910, also known as the Japan–Korea Annexation Treaty, was made by representatives of the Empire of Japan and the Korean Empire in 1910. Negotiations were concluded on August 20, 1910.[2] The document was signed on August 22, 1910.[3] The 1965 Treaty of Basic Relations between South Korea and Japan confirmed the document is null and void.

The treaty was proclaimed to the public (and became effective) on August 29, officially starting the period of Japanese rule in Korea. The treaty had eight articles, the first being: "His Majesty the Emperor of Korea makes the complete and permanent cession to His Majesty the Emperor of Japan of all rights of sovereignty over the whole of Korea".

Gojong of the Korean Empire later called the treaty a "neugyak (늑약 勒約)."[4] The alternative term used in lieu of "joyak (조약 條約)" implies the treaty was coerced to Koreans by Japanese. "Gyeongsul Gukchi (경술국치 庚戌國恥)" and "Gukchi-il (국치일)" are alternative terms for the year and date the treaty was signed, respectively.[5] The terms indicate the humiliation the treaty gave to Koreans.

Contents

[edit] Legality

The legality of the Treaty was disputed by the exiled Provisional Government of the Republic of Korea as well as the modern Republic of Korea; a position which was also adopted later by the Allied forces that occupied the Empire of Japan after World War II. While the treaty was affixed with the national seal of the Korean Empire, Emperor Sunjong of Korea refused to sign the treaty as required under Korean law. The treaty was instead signed by Prime Minister Lee Wan-Yong of Korea and Resident General Count Terauchi Masatake of Japan.

The 1965 Treaty of Basic Relations between South Korea and Japan declared that

It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910 are already null and void.

Due to ambiguities in the wording in the language, Japan interprets the above clause to mean that the 1910 Treaty was still valid until the signing of the 1965 Treaty, whereas both South and North Korea interpret the clause to mean the treaty was already null and void at the surrender of Japan, an interpretation which is upheld in the English text, of which the final paragraph of the 1965 Treaty agrees should be used in case of any conflict of interpretation.[6]

The role of the American government under President Theodore Roosevelt in facilitating and agreeing to the Japanese annexation of Korea as well as the racial biases that underpinned that annexation receive serious consideration and documentation in The Imperial Cruise: A Secret History of Empire and War by James Bradley. In the book, Bradley describes how then Korean King Gojong had accepted a US–Korea Treaty in 1882 which, in part, read [i]f a third power acted unjustly or oppressively with either country, the United States or Korea promised to exert their "good offices, on being informed of the case, to bring about an amicable arrangement, thus showing their friendly feelings".[7] A similar conclusion was reached by Homer B. Hulbert in his book, The Passing of Korea; Hulbert had been sent by Emperor Sunjong as his ambassador to Washington, DC and The Hague to protest the Japanese annexation in 1910. [Roosevelt had, in fact, left office in March, 1909.]

All the while Roosevelt had said "I should like to see Japan have Korea".[8] Bradley maintains that the Korean government labored under the misunderstanding, which the Americans fostered, that the country had the support of the Americans when, in fact, their fate had already been sealed.

In 2001, an academic examination of the legality for the Korea annexation by Japan from 1910 to 1945 which was titled A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives was held at Harvard University.[9] The conference was held 3 times, namely on January, April and November and related scholars of history and international law participated from the R.O.K. (South Korea), D.P.R.K. (North Korea), Japan, the United States, United Kingdom, Germany and Canada.

[edit] Movement-related

There is a recent movement in both South Korea and Japan to make the Japan–Korea Annexation Treaty invalid in today's context under Tokyo University's emeritus professor, Haruki Wada (和田春樹).[10]

On June 23, 2010, 75 South Korean congressmen suggested to the Prime Minister Naoto Kan to nullify the Japan–Korea Annexation Treaty legally.[11]

On July 6, 2010, Korean and Japanese progressive Christian groups gathered in Tokyo's Korean YMCA chapter jointly declared that the Japan–Korea Annexation Treaty was unjustified.[12]

On July 28, 2010, approximately 1000 Korean and Japanese scholars petitioned to the Japanese Prime Minister that the Japan–Korea Annexation Treaty was originally nullified and demanded apology led by the Japanese spokesperson, Haruki Wada.[13]

[edit] See also

[edit] Notes

  1. ^ 네이버 뉴스
  2. ^ Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921-1922. (1922). Korea's Appeal, p. 35. at Google Books; excerpt, "Alleged Treaty, dated August 20, 1910".
  3. ^ Encyclopedia of Korean Culture. Korea: The Academy of Korean Studies. 2001. http://encykorea.aks.ac.kr/Contents/Index?contents_id=E0061926. 
  4. ^ Kim, Chasu (17 October 1995). "한일합방조약 원천무효". The Dong-a Ilbo. http://newslibrary.naver.com/viewer/index.nhn?articleId=1995101700209102003&edtNo=45&printCount=1&publishDate=1995-10-17&officeId=00020&pageNo=2&printNo=22999&publishType=00010. Retrieved 16 January 2012. 
  5. ^ Choi, Soyoung (29 August 1997). "'경술국치' 이후 87년 구석구석 파고든 '왜색옷에 왜색춤'". Kyunghyang Shinmun. http://newslibrary.naver.com/viewer/index.nhn?articleId=1997082900329125001&edtNo=45&printCount=1&publishDate=1997-08-29&officeId=00032&pageNo=25&printNo=16201&publishType=00010. Retrieved 16 January 2012. 
  6. ^ Kawasaki, Yutaka (July 1996). "Was the 1910 Annexation Treaty Between Korea and Japan Concluded Legally?". Murdoch University Journal of Law 3 (2). http://www.murdoch.edu.au/elaw/issues/v3n2/kawasaki.html. Retrieved 2007-06-08. 
  7. ^ James Bradley, The Imperial Cruise, (New York, Little Brown & Company, p. 155).
  8. ^ The Imperial Cruise, p. 309.
  9. ^ A Reconsideration of the Japanese Annexation of Korea, Conference at Harvard University Korea Foundation
  10. ^ "韓国併合条約「当初から無効日韓知識人が共同声明" (in Japanese). Asahi Shimbun. 2010-05-10. http://www.asahi.com/international/update/0510/TKY201005100439.html. Retrieved 2010-05-10. 
  11. ^ 김 (Kim), 승욱 (Seung-uk) (2010-06-23). ""한일병합 무효"..의원75명, 日총리에 건의 ("Japan–Korea Annexation Treaty Is Invalid".. Suggesting To The Japanese PM By 75 Congressmen)" (in Korean). Yonhap News. http://www.yonhapnews.co.kr/politics/2010/06/23/0502000000AKR20100623068200001.HTML. Retrieved 2010-06-23. 
  12. ^ 이 (Lee), 충원 (Chung-weon) (2010-07-06). "한.일 진보 기독교인 "한국 합병 부당" (Korean and Japanese Progressive Christians "Annexing Korea Was Unjustified")" (in Korean). Yonhap News. http://www.yonhapnews.co.kr/international/2010/07/06/0601010100AKR20100706222300073.HTML. Retrieved 2010-07-13. 
  13. ^ 이 (Lee), 충원 (Chung-weon) (2010-07-28). "韓日 지식인 1천명 "한국강제병합 원천무효" (1000 Korean and Japanese Scholars "Japan–Korea Annexation Treaty Is Originally Invalid")" (in Korean). Yonhap News. http://www.yonhapnews.co.kr/international/2010/07/28/0601010100AKR20100728001800073.HTML. Retrieved 2010-08-02. 

[edit] References

  • Beasley, W.G. (1991). Japanese Imperialism 1894-1945. Oxford University Press. ISBN 0198221681. 
  • Duus, Peter (1998). The Abacus and the Sword: The Japanese Penetration of Korea, 1895-1910. University of California Press. ISBN 0520213610. 
  • Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921-1922. (1922). Korea's Appeal to the Conference on Limitation of Armament. Washington: U.S. Government Printing Office. OCLC 12923609
  • United States. Dept. of State. (1919). Catalogue of treaties: 1814-1918. Washington: Government Printing Office. OCLC 3830508

[edit] External links

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