Japan–Korea Treaty of 1910

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For the 1905 treaty, see Japan–Korea Treaty of 1905. For the 1907 treaty, see Japan–Korea Treaty of 1907.
Japan–Korea Annexation Treaty
Japan–Korea Annexation Treaty of 1910
General power of attorney to Lee Wan-Yong signed and sealed by Sunjong.jpg
General power of attorney to Lee Wan-yong signed and sealed by the last emperor, Sunjong of the Korean Empire (Lee Cheok, 이척 李坧). The last emperor's first name '坧' used as signature.
Type Annexation treaty
Context Annexation of the Korean Empire by the Empire of Japan
Sealed August 22, 1910
Effective August 29, 1910
Expiration June 22, 1965 (1965-06-22), de facto September 2, 1945 (1945-09-02)
Expiry June 22, 1965 (1965-06-22)
Signatories <templatestyles src="Plainlist/styles.css"/>
Parties <templatestyles src="Plainlist/styles.css"/>
Ratifiers <templatestyles src="Plainlist/styles.css"/>
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
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)

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 on August 22, 1910. In this treaty, Japan formally annexed Korea following the Japan–Korea Treaty of 1905 by which Korea became the protectorate of Japan and Japan–Korea Treaty of 1907 by which Korea was deprived of the administration of internal affairs.

Japanese commentators predicted that Koreans would easily assimilate into the Japanese Empire.[1]

In 1965 the Treaty of Basic Relations between South Korea and Japan confirmed this treaty is "already null and void".[2]

History

The treaty was proclaimed to the public (and became effective) on August 29, 1910, 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)."[3] 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 國恥日)" are alternative terms for the year and date the treaty was signed, respectively.[4]

Role of the British government

The United Kingdom had already acquiesced to the annexation of Korea by Japan, via the British connection to Imperial Japan via the Anglo-Japanese Alliance of 1902.

Legality

The legality of the Treaty would later be disputed by the exiled Provisional Government of the Republic of Korea as well as the South Korean government. 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 the Korean Empire, and Resident General Count Terauchi Masatake of the Empire of Japan.

This issue caused considerable difficulty in negotiating the establishment of basic diplomatic relations between the countries. Korea insisted on including a chapter stipulating "The treaty was null and void". A compromise was reached in language of Article II of the 1965 Treaty on Basic Relations:

"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."[5]

Conference to discuss legality of the treaty

In 2001, an academic research of the legality for Korea's 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 with a support of Korea Foundation.[6] The conference was held 3 times, namely on January, April and November and related scholars of history and international law participated from the South Korea, North Korea, Japan, the United States, United Kingdom, Germany and Canada.

Anthony Carty, a Professor of the University of Derby stated "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty."[7] In his book on International Law, "Carty prefers seeing the relationship between Japan and Korea at the time with reference to the reality of the then international community dominated by Western powers, rather than viewing it in terms of treaty law as argued by Korean scholars."[8]

Alexis Dudden, a Professor of University of Connecticut discussed about the Nitobe Inazō's science of colonial policy. She is known as the author of Japan's Colonization of Korea: Discourse and Power, in which she discusses how Japanese policymakers carefully studied and then invoked international law to annex Korea legally.[7][9]

According to Kan Kimura, the bottom line of this conference is that the Korean claim "The annexation was illegal" was totally unaccepted by the participated Western scholars, among others by those specialized in international law.[7]

Activism

On August 28, 2007, regarding the General Power of Attorney by Sunjong, Korean news paper Dong-a Ilbo reported that Korean monarchs did not sign in the official documents with their real names traditionally. But, the Korean Emperor was forced by Japan to follow a new custom to sign with his real name, which originated from the western hemisphere. It mentioned Sunjong's signature may be compulsory.[10]

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

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

On July 28, 2010, approximately 1000 intellectuals in Korea and Japan issued a Joint Statement that the Japan–Korea Annexation Treaty was never valid in the first place.[13]

See also

Notes

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Hook, Glenn D. (2001). Japan's International Relations: Politics, Economics, and Security, p. 491. "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.", p. 491, at Google Books
  3. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ 7.0 7.1 7.2 Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.

References

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  • 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

External links

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