| Budget Amount *help |
¥2,100,000 (Direct Cost: ¥2,100,000)
Fiscal Year 2001: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2000: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Research Abstract |
With regard to the problem of the legal relationship between the Empire of Korea and the Republic of Korea, the latter's government has shown the opinion that these two political entities are the same State and between them there exist the legal continuity and identity. According to the material named 'Confirmation of the Validity of the Multilateral Treaties contracted by the Empire of Korea' and issued by Korean Ministry of Foreign Affairs in 1986, Republic of Korea is regarded legally identical with the Empire of Korea in terms of international law subject. The change from the Empire to the Republic is only explained as the change of the national constitution, the form of government and the name of the State. The constitutional law of the year 1948, the first Korean constitutional law after World War II, also provides that the Republic of Korea was established in 1919, the year when the Korean provisional government was established at China, Shanghai.
This view of Korean government s
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eems to be on the premise that in Korea there have existed a effective government since 1919. In this case, it goes without saying the 'government' means the above said 'provisional government' However, when the process of its establishment, the reality of its rule, recognition by the international society and the actual condition of its diplomatic relations with other States are taken into consideration, it seems to be hard to say that the provisional government had been an effective government which is an element of State. The corollary of this would be as follows : the Empire of Korea was extinguished as State ; the territory of the old Korean Empire became the territory of Japan ; likewise, Korean nationals became the Japanese nationals ; the Republic of Korea is a newly established State which became independent from Japan. In spite of these logical consequences, Korean government has been keeping its opinion regarding the problem of the legal relationship between the Empire of Korea and the Republic of Korea consistently. In some cases concerning the succession of multilateral treaties, international society also responded to the Korean government's attitude with the recognition of the legal identity between Korean Empire and the Republic of Korea.
As we can see from the recent cases of the independence of Baltic States, even the states which had been thought to be annexed to other State for more than 50 years are sometimes treated as 'resurrected states' by international community. If the recognition of the identity between the Empire of Korea and the Republic of Korea does not injure the legal stability of international society so much, and could be considered as the way of recovering the national honor of Korean people and correcting the unjust result brought by the alien colonial rule, it may be considered that to Korea also the status of 'resurrected' State should be given. Less
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