1910년 병합 「칙유」의 文書上의 결함과 불법성

Abstract

Emperor Sunjong’s(純宗皇帝) Imperial Instruction on the Transfer of Sovereign Rights to Japan(倂合勅諭) which had been promulgated in 1910 August 29th was that Japan fabricates. This Imperial Instruction until 1907 November 9th was equipping the traditional document format namely the format of Great Seal(御璽) and countersignature. But after where November 18th Japan forces a Japanese document format, Koreans Imperial Instruction with Japan and sameness changed in the format of Royal Name(御名), Great Seal and countersignature. But to Imperial Instruction there was only Great Seal, it was different with Japanese Emperor's Imperial Edict(詔勅) which is same character. Korea and Japan promised to announce Imperial Edict simultaneously. Announcing simultaneously was not Imperial Instruction but clearly Imperial Edict. So Resident- General Terauchi Masatake(寺內正毅) August 27th prepared Imperial Edict on the assumption of Emperor Sunjong’s sanction. By the way This Imperial Edict August 29th was exchanged suddenly in Imperial Instruction. The reason is because Emperor Sunjong refuses an sanction. Japan fabricated Imperial Instruction from the objective which will complement the problem point of the Korea-Japan Annexation Treaty(倂合勒約) which lacks a ratification process. So the fabricated Imperial Instruction is historical evidence which Emperor Sunjong opposed a treaty, and to correspond to the ‘national representatives on the force’ which custom international law provide a treaty with invalidity’.