집단적 자위권과 일본의 헌법해석변경

Abstract

Article 9 of the Japanese Constitution, came into effect in 1947, following World War II, provides that Japan formally renounces the right of belligerency and land, sea, and air forces, as well as other war potential, will never be maintained and the right of belligerency of the state will not be recognized. Japan, hereby, became a country not to go to war. In regard to this Article, Japanese government had maintained the official opinion on the interpretation of the Article that although Japan had the right of self-defense, including both individual and collective, according to Article 51 of the United Nations Charter, it is not allowed to exercise it under Article 9 of its Constitution. But in 2014, the Abe Cabinet approved a reinterpretation of this article to overturn its previous policy. This reinterpretation would allow Japan to exercise the right of "collective self defense" in some instances and to engage in military action of the Japan Self-Defense Forces (JSDF), if one of its allies with the intimate relations with it, the US for example, were to be attacked. Just after the reinterpretation, Japan was approved to exercise the right of collective self-defense by the US through revising the Guidelines for Japan-US Defense Cooperation, passed Japanese military legislation to enable to send JSDF overseas and promoted the draft of constitutional amendment by the Liberal Democratic Party in a row. Considering that Japan have constantly enlarged rearmament after the adoption of its Constitution outlawing war, the possibility for the abuse of the right of collective self-defense of Japan is alarmist. In compliance with this reinterpretation, where the US forces in South Korea is attacked, Japan may send its JSDF to the Korean Peninsula in the name of collective self-defense to defend the US. It might be said, on the one hand, that it is a matter of sovereignty of Japan to decide to do so, but it would not be decided single-handed by Japan since it is, on the other hand, a matter of sovereignty of South Korea to decide whether to permit it on the Korean peninsula. The government of South Korea also noted that it would not approve of JSDF operations in and around the Korean peninsula without its request or approval, and called upon Japan to act in a way that would win the trust of neighboring states.