日本の韓国併合および独立運動弾圧 の違法性に関する一考察 — 日本の過去の精算を求めて —

Abstract

In historical awareness about Japanese colonial rule, there is a huge gap between the two governments, Korean and Japanese, and this is significantly associated with the resolution of the compensation matters for victims concerningthe so-called “post-war compensation issues” such as “comfort women issue” or“forced conscription⋅forced labor issues.” As for the historical awareness about Japanese colonial rule, particularly in regard to assessment of international laws on “Korea–Japan Annexation Treaty” in 1910, there is a large gap between the two governments, and the difference in the debate around this matter seems tobe regarded as a decisive impact on the illegality of Japanese colonial rule and liability of Japanese government regarding the compensation for the victims in the post-war compensation issues or the independent movement repressions by the then Japanese Imperial Government. Japanese Imperial Government took the position for involving in the financial and diplomatic matters of the Korean Empire by the signed “first Japan-Korea Agreement” in 1904. And by “the second Japan-Korea Agreement” in 1905, the diplomatic rights of the Korean Empire had been mostly deprived by the Japanese Imperial Government and the Korean Empire became the de facto protectorate. This article, at first, argues the legal in validity under the international law of “Korea-Japan Annexation Treaty” in 1910 and its base “the second Japan-Korea Agreement (so-called Eulsa Treaty)”. And then, based on the interpretation of the Preamble to the Japanese Constitution, concerning the victims of the independence movements such as “March First Independence Movement”, it discusses the illegality of the repressions by Japanese Imperial Government and compensation liability of the current Japanese government for the victims, and further indemnification liability for the victims of the whole colonial rule and invasive war.