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The preamble of the Constitution lies at the root of South Korea's anti - Japanese sentiment.The reason for affirming anti - Japanese sentiment and excluding pro - Japanese sentiments is found in the
The preamble of the Korean Constitution states that 3.1 the legal system of the provisional government of the Republic of Korea will be inherited. Then, what is the March 1 Provisional Government of the Republic of Korea? It is an organization that called itself the Provisional Government and was established in 1919 as an anti-Japanese force. Looking at the contents of the charter, we see that the oath is strongly anti-Japanese: ``We will fight to the last man to indoctrinate Japan from barbarism.''
The preamble of the constitution describes the principles that govern the entire constitution. The structure of this idea is to inherit the legal structure of the March 1 Charter of the Provisional Government of the Republic of Korea. If we interpret these without contradiction, Article 21 of the latter part of the Korean Constitution states freedom of speech and Article 22 states academic freedom, but if we read it based on the preamble of the Constitution, we can see that 3.1 Legal framework of the provisional government It can also be interpreted as allowing freedom of speech and academics on the premise of inheriting the law. This is actually the case in Korea today.
If you look at the oath of the provisional government quoted in the preamble of the constitution, it clearly states anti-Japanese ideology. In the first place, the constitution should not quote anything or include language that assumes other countries.
In any case, as long as South Korea is under this constitution, anti-Japanese activities are always legitimate, and on the contrary, pro-Japanese activities are criticized as acts that destroy the legal system of the March 1 Provisional Government Charter and the Constitution. If members of the Diet follow the principle of adhering to the Constitution, then anti-Japanese members are conducting legitimate parliamentary activities. This is the main reason why it is said that #anti-Japan is South Korea's national policy.
How can the preamble of the Constitution be consistent with fundamental human rights such as freedom of speech, thought and belief, and academic freedom? There appears to be no case where a legal interpretation has been obtained in the Constitutional Court through a lawsuit or controversy that has raised this point. The Korean government is free to expand its interpretation as much as it wants. This is the case now, as seen in the No Japan movement, where anti-Japanese activities are legitimate activities, and pro-Japanese speech is denounced as ``traitors.'' Is this an exception to basic human rights, with speech affirming the era of Japanese rule being suppressed, or is anti-Japanese a duty of every Korean citizen as written in the Provisional Government's oath?
Provisional Government OathOathTo my 2,000,000 fellow citizens whom I respect and loveMarch 1st year of the Republic of Korea One day, since the Korean nation declared its independence, men and women, young and old, all classes, and all sects, of course, have come together to fight under the inhumane violence of Japan, the Germany of the East. The sympathy of the world is now suddenly focused on our people because they have expressed the character of a nation that is extremely patient with fairness, longs for independence and freedom for its people, and loves truth, justice, and humanity. It was at this time that the government was organized with the mandate of all the people of the country. I hereby swear that this government, together with all the people of this country, will work wholeheartedly to fulfill the great mission of restoring the nation and establishing its identity as a nation, observing the provisions of the provisional constitution and the principles of international society. My fellow countrymen, be inspired. Every drop of blood we shed is the gift of freedom and fortune to our descendants. It is the precious foundation for building God's kingdom. The way of our people will surely edify Japan's wild horses. Our justice truly trumps Japan's violence. My brethren, rise and battleto the last man.
3.1 The provisional government was the result of an anti-Japanese movement that occurred on March 1, 1919 under Japanese rule, and after that, Syngman Rhee established a provisional government in Shanghai, where he was in exile. This provisional government is considered the legitimate root of the Korean government, and Syngman Rhee became the first president of Korea after Japan's defeat. In other words, the Korean government itself is based on anti-Japanese organizations. Therefore, the Constitution will inherit the legal system of the Provisional Government Charter.
It is no wonder why this story has not been reported in Japan, but it seems safe to assume that there are almost no members of the Korean Diet who are not anti-Japanese. On the contrary, he says that it is impossible to become a member of the Diet while advocating pro-Japan policy. Rather than saying, ``Many South Korean parliamentarians are anti-Japanese,'' it seems more accurate to say, ``South Korean parliamentarians exist because they are anti-Japanese.'' South Korea will never become a pro-Japanese country. That future will never come. Will the South Korean government or National Assembly propose a constitutional amendment and delete the text written in the preamble? If that happens, the roots and identity of the Korean government will disappear.
Anti-Japanese activities are legitimate activities that are affirmed by the Korean Constitution. Depending on the interpretation, it can also be considered to be outside the scope of freedom of speech. We need to think about South Korea with this in mind.
Representative Yuko Obuchi appeared at the Japan - Korea summit meeting *A wedge telling South Korea not to forget what she said.A meeting and dinner was held between Prime Minister Kishida and President Yun Seok-Yeol, and a press conference was held without a joint statement.
What has been decided is the resumption of shuttle diplomacy and the lifting of restrictions on three strategic items. In reality, the matter falls under the jurisdiction of the Ministry of Foreign Affairs and the Ministry of Economy, Trade and Industry, but the actual content is that the leaders met together to confirm the matter.
Regarding the lifting of restrictions on strategic substances, in reality there will be no major changes in distribution from Japan, and the 2019 restrictions will not reduce or stop exports, so nothing will actually change.
In particular, President Yun Seok-Yeol raised the issue of North Korea and showed South Korea's cooperative attitude toward Japan, but this has only confirmed that this is back on track. This is natural since the North Korea issue is being dealt with through the Japan-U.S. Security Treaty and the U.S.-South Korea Security Treaty.
At the very least, future shuttle diplomacy should ask what South Korea can do for Japan, rather than the diplomatic relations that have been the case in the past, where Japan did something unilaterally.
That's what makes for healthy diplomatic relations. I can't think of anything specific that South Korea has done for Japan. No one is looking for diplomatic relations that involve chatting at the table and asking for wads of money under the table.
The next day, the Japanese media focused on the meeting between Suga, president-elect of the Japan-Korea Parliamentary Federation, and President Yun Seok-yeoul, but what I wanted to draw attention to was the woman in the very edge of the photo.
She is Yuko Obuchi, a lawmaker, and the daughter of former Prime Minister Keizo Obuchi. The reason I wondered why she was in this seat was because I remember her not holding any government-related positions.
What really struck me was the 1998 Japan-Korea Joint Declaration. President Yun Seok-Yeol insists that Japan-Korea relations should return to the Japan-Korea Joint Declaration, but the question is how to return. And Japan complies with all of the Japan-Korea Joint Declaration. Returning would be a problem only for the Korean side.
The points of the 1998 Japan-Korea Joint Declaration are as follows.
Japan-Korea Joint DeclarationHolding of the 2002 FIFA World Cup
Promoting Japan-Korea economic cooperation
Opening of Japanese culture in Korea
Fisheries agreement around Takeshima in accordance with the new United Nations Convention on the Law of the Sea
Response to North Korea issue
The holding of the Japan-Korea World Cup and the influx of Korean Wave content all stemmed from this joint declaration.
The Japan-Korea Joint Declaration was signed by President Kim Dae-jung, but the Japan-Korea World Cup was said to be the worst tournament in FIFA history, and it became unclear whether it was an anti-Japan movement or a soccer tournament.
Less than two years later, the South Korean National Assembly passed a resolution to invalidate this joint declaration. Japanese people must not forget that the area around Takeshima was subsequently filled with Korean fishing boats again, resulting in the current state of Takeshima.
The Japanese representative who concluded this agreement was former Prime Minister Keizo Obuchi. South Korea has completely torn up not only the 1965 Agreement, but also the 1988 Agreement.
Was Representative Yuko Obuchi invited to this meeting as a symbolic icon? In other words, this seems to have driven a wedge that returning to the Japan-South Korea Joint Declaration is the goal of the talks. It's about not forgetting what I said. Does the Korean side actually understand the meaning of this? I don't think they understand.
In conclusion, returning to the Japan-Korea Joint Declaration would be a very high hurdle. This joint declaration was scrapped because of the Takeshima issue. Perhaps the Korean side only understands this declaration as a resumption of cultural exchange.
severance of diplomatic relations betweeThere are many people in both Japan and South Korea calling for a break in diplomatic relations, but I thought that a break in diplomatic relations between Japan and South Korea should be expected from the beginning after the recruitment ruling and the exclusion of White countries.Former Prime Minister Abe already expressed his opinion on July 3, 2019, that the exclusion of White Country was not retaliation for the recruitment ruling, but a failure to keep his promise between countries.The 1965 Agreement is an agreement on claims in the treaty in which Japan and South Korea restored diplomatic relations.Abolition of this agreement is a loss of the premise of diplomatic relations, and it is obvious that diplomatic relations will break off.
Now, considering the specific problems of breaking off diplomatic relations at the private level, the video link I posted is a couple of Japanese and Taiwanese Youtuber.If private marriage is allowed, private economic activities are allowed.Strategic materials and military-related products that must be negotiated between governments will be regulated.It would be a substantial break in diplomatic relations if we could not communicate with each other at the opening ceremony of the Tokyo Olympics.
On the other hand, countries without diplomatic relations have no further interests and do not lead to war.It is not the break of diplomatic relations that is in danger, but the travel ban order.Japan has a special relationship called Taiwan.The lack of intergovernmental exchanges has never been a problem at the private level.
The South Korean government is responsible for the Korean government's refusal to allow its nationals to repatriate - Japan protected them out of human rights considerations.
The issue of forced labor and the issue of residents in Japan are related. Conscription on the Korean Peninsula took place from August 1944 until the end of the war the following year. Until then, Koreans on the Korean peninsula were not subject to conscription or conscription. Employment at Japanese companies is highly sought after, and despite being conscripted, Mitsubishi Mining received seven times as many applications as recruitment.
Normally, those living in Japan would be forced to leave because they are foreigners, but the reason why this is not the case is because of the 1965 Japan-Korea Status of Forces Agreement. The South Korean government at the time received a huge amount of aid, but refused to allow its citizens to return home. Since all Koreans in Japan were believed to be slave laborers who had been forcibly taken away from Japan, it would have been inconvenient for a large number of people who had experienced a different reality to return home. Japan restored diplomatic relations out of human rights considerations and guaranteed the Koreans' status in Japan.
As was made clear in the Gunkanjima issue, the recruitment at that time was legal recruitment under ILO standards. In terms of human rights issues, it lies with the South Korean government, which has refused to allow large numbers of its own citizens to return and has discarded them. That is a human rights issue. And what is being made a fuss about all this is the issue of conscripted labor.