재한일본‘거류지’․‘거류민’규칙의 계보와 「居留民團法」의 제정

Abstract

This study examines the colonial plan of spatial division of the Settlement Corporation Act, which was proclaimed as Japan’s Act No.41 on March 8, 1905; it clarifies the chronology of the legislation until the point its enactment within the political context of Korean colonization. From the opening of it ports in 1876, Korea created settlement rules in the districts of Japanese concessions and settlements, such as Busan, Wonsan, Incheon, and Hansung, in order to implement a system of self-government. The early settlement rules focused on “settlement” itself in that they limited enforcement to settlement areas, but the later revision process showed tended to shift to “resident” rules for Japanese citizens, both in and outside of settlements. However, since each area enacted rules according to its circumstances and offered varied reasons for opening a port, the content of the rules was not consistent. Therefore, the Ministry of Foreign Affairs attempted to enact unified settlement rules to facilitate management, but since the Ministry had no choice but to consider the treaty relationship with each country, it showed a passive attitude in switching to “resident” rules. The development of settlements required the incorporation of resident organizations, and incorporation required formal legal requirements. Accepting such requirements, the Ministry of Foreign Affairs presented a new legislative bill in which “settlement” and “resident” rules coexisted; however, formal legal requirements eliminated the “settlement” rules and established the Settlement Corporation Act for the “resident” rules. The Settlement Corporation Act guaranteed that if Japanese citizens lived somewhere in Korea, that place would be equivalent to a district in Japan. The revision of the settlement rules did not differ from the process, secured as legislation, in which illegal mixed residence outside the settlements become a custom. The Settlement Corporation Act lay at the end of the chronology.