일본의 ‘독도무주지선점론’과 이에 대한 반론

Abstract

This paper analyzes the terra nullius logic that Japan most strongly uses to support its claim over Dokdo. According to this argument, Japan occupied the terra nullius Dokdo and proclaimed it Japanese territory on the Shimane Prefecture gazette, 1905 Feb. 22. This paper claims that this argument is flawed. It is because Korea proclaimed Dokdo as Korea’s territory in The Great Korean Empire Royal Order 41, five years earlier than Shimane’s proclaim. Since Dokdo was not a terra nullius, Japan’s claim over Dokdo is not justifiable in terms of international law. Joseon had moved its people to the inner lands for a long time, thus leaving Ulluengdo and its surrounding islands empty, but this does not mean that the islands were ownerless. Japan most likely should have been aware that  Dokdo belonged to the Great Korean Empire in 1905, but it did not notify Korea and diplomatic agents in Tokyo of the Shimane Prefecture proclaim. On the other hand, Japan notified the U.S., French, and German diplomatic agents in Tokyo of Japan’s integration of the Bonin Islands, 1876. Based on these facts, Japan’s terra nullius claim over Dokdo is false.