The forced labor issue is one that recognizes the annexation of Japan and South Korea as an illegal act and allows claims for compensation for forced labor.
2022-05-29
Category:Annexation of Japan and Korea
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Korean Ambassador to Japan proposes subrogation payment
Mr. Yun Deok-min, who has been appointed as the Korean ambassador to Japan under the newly inaugurated Yun Seok-Yeong administration, seems to be proposing a plan for the South Korean government to make subrogation payments regarding the issue of conscripted labor. has two completely different points. The issues are ``unpaid wages'' and ``illegal acts.''
Is it an unpaid wage issue or a tort issue
One is the issue of ``unpaid wages,'' which arose during discussions in the Japan-Korea Claims Agreement when Koreans moved to the Korean peninsula immediately after the war, or when Japanese companies moved from the Korean peninsula.
This was included in the 1965 agreement as post-war compensation, and the South Korean side received it, and even after that, under the Lu Moo-hyun administration, the South Korean government continued to compensate the unpaid wages of conscripted workers as included in the 1965 agreement. Going .
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The Hague Emissary Incident was tell - all diplomacy - Why was the emissary ignored? Evidence that the world did not recognize Korea, which had given up its sovereignty.
The Korean Empire was founded before the Russo-Japanese War
Japan helped Korea gain independence and eventually stripped Korea of diplomatic rights
The Hague emissary incident is a pathetic diplomatic failure
Main emissary activities
Already surrendered sovereignty before the Hague emissary incident
The southward movement of Russian interests was the cause of the Russo-Japanese War
Kojong made the mistake of causing the head of state to flee and seek asylum in the Russian legation, and the first Russo-Japanese Protocol (Komura-Weber Agreement) and the second Russo-Japanese Protocol (Yamagata-Lobanov Agreement) were concluded, and the premise was He returned to Gyeongun Palace and changed the country's name to the Korean Empire in 1897. Adding the name of an empire to a country's name meant that it was on the same level as Japan and China, and Japan approved of this.
Later, during the Russo-Japanese War that began in 1904, the First Japan-Korea Treaty was concluded, giving Japan the upper hand in the Russo-Japanese War. Under the Second Japan-Korea Treaty concluded in 1905 after the end of the Russo-Japanese War, the Korean Peninsula was stripped of its diplomatic rights.
Although Japan helped establish the Korean Empire on a par with Japan through the Japan-Russia Protocol, Gojong continued to draw in Russian interests. The eventual outbreak of the Russo-Japanese War led to Japan stripping Korea of its diplomatic rights.
The Hague Emissary Incident occurred when Gojong dispatched an emissary to the Hague International Conference in 1907 to appeal for the restoration of diplomatic rights. They were doing the same kind of tell-all diplomacy that is practiced today.
However, Russia, who was supposed to have invited them, betrayed them and was rejected by all the participating countries, and the emissary sent by Gojong was not even able to enter the conference hall. Conversely, Japan's jurisdiction over the Korean Peninsula became internationally recognized.
[Main emissary activities]
He visits Count Nelidov, the chief representative of the Russian Empire, who is the chairman of the conference, but he is refused a meeting.
He visits representatives from the United States, England, France, and Germany, but is refused assistance.
We request a meeting with the Dutch Foreign Minister of the country hosting the conference, but he is refused.
The conference in The Hague, Netherlands recognized Japan's jurisdiction over the Korean Peninsula.
In the first place, in 1896, after the assassination of Queen Min and the Chunshengmun Incident, Go Song, the head of state, fled to the Russian Legation and went into exile (Roguan Transfer). At this point, Korea was no longer recognized by the world as an independent and independent nation.
With the Treaty of Shimonoseki in 1895, Korea renounced its sovereignty less than a year after gaining independence from Qing thanks to Japan.
Even if they attempted to exercise remote control from their exile, they were already under Russian house arrest, and Russia gradually gained control over the Korean Peninsula. Even after Gojong returned to Korea and founded the Korean Empire, Russia continued to gain interests in the Korean Peninsula, which led to the Russo-Japanese War.
The Joseon Dynasty cried out to the Qing Dynasty and triggered the Sino-Japanese War, and was invaded by Russian interests due to the transfer of Rokan, leading to the Russo-Japanese War. The Hague Emissary Incident was a case in which a courier was sent to express his dissatisfaction with having been stripped of his diplomatic rights. Japan then gave up on the independence of the Korean Peninsula.
The current issue of conscripted labor is that the conscription itself is forced labor, which is illegal under international law, and is an anti-humanitarian act directly connected to illegal colonial rule and the waging of a war of aggression. This is a ``claim for compensation'' based on a unilateral decision made by the Supreme Court.
Past tort disputes
This is also the issue of forced to work (requisition recognized under international law) or forced labor (forced labor not recognized under international law), which was disputed when Gunkanjima was applied for as a World Heritage Site. It goes without saying that the National General Mobilization Order applies equally to all citizens and is a legal form of forced to work under international law.The use of forced to work in the registration of Gunkanjima as a UNESCO World Heritage Site also allowed the South Korean side to has also agreed.
There are no examples of acts recognized as illegal under international law
No international military tribunal has ever been held on the Korean peninsula since the end of the war, and there has never been a single case of a war criminal on the Korean peninsula, and no one has been tried as a war criminal . There is no fact that the annexation of Japan and South Korea is illegal, nor is there a single fact that the forced recruitment related to recruitment has been recognized as illegal under international law.
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Korea is opposed to Sado Kanayama's application for registration as a World Heritage site.Japan have evidence that it was not forced labor.
The Cabinet's decision in April 2021 and the inclusion of warship islands as UNESCO World Heritage sites are posted on the grounds that the recruitment at that time was not a forced labor.Forced Labour Convention in 1930.
When registering as a warship island, South Korea strongly opposes it, and Japan has even proposed a draft of the plan, saying that it will support it if it writes forcedlabor.Japan refused, and at the Japan-South Korea Foreign Ministers' Meeting, South Korea finally agreed to write forcedtowork.The Korean side was particular about the description because it knew that forced labor would be described as forced labor in the Forced Labor Convention at that time.Recruitment is not included in forced labor.It is stated in Article 2-2.The recruitment of the General Mobilization Order falls under paragraph (b).
South Korea opposes Japan's move to apply for the registration of Sado Kanayama as a World Heritage Site, saying it will not allow forced labor to be designated as a World Heritage Site.This is just the same view as it was on Gunkanjima.
C029 - Forced Labour Convention, 1930 (No. 29)
ARTICLE 1
1. Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period.
ARTICLE 2
1. For the purposes of this Convention the term forced or compulsory labour shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.
2. Nevertheless, for the purposes of this Convention, the term forced or compulsory labour shall not include--
(a) any work or service exacted in virtue of compulsory military service laws for work of a purely military character;
(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;
(c) any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
(e) minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services.
In other words, the key point in the current issue of forced labor is that the South Korean Supreme Court ruled that it was an illegal act without any basis or reference to international law. In this sense, Yoon Deok-min uses the expression "subrogated payment," but it seems quite strange. This is because the illegality of conscription and the annexation of Japan and South Korea itself does not exist.
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[related article]
The truth about the annexation of Japan and Korea - The Joseon Dynasty was unable to become independent - 15 years from the Sino-Japanese War to the annexation of Japan and Korea.
Learning about the history of a short period makes it clear
King flees less than a year after independence
Need mawashi for the return of Koso
The founding of the Korean Empire and the Russo-Japanese War
Restrict Korean sovereignty
Japan-Korea annexation
The Joseon Dynasty that lacked independence ~ The Korean Empire
If you look at the history of only 15 years from the Treaty of Shimonoseki to the annexation of Japan and Korea, you can clearly see that Japan did not violently take away the independence of the Korean Peninsula. Japan supported #independence on the Korean peninsula and ultimately gave up on it. This is the historical truth.
Treaty of Shimonoseki (April 1895): The Korean peninsula became an independent nation as a result of the peace treaty resulting from the Sino-Japanese War. Shunseimon Incident (November 1895): An incident in which pro-Russian pro-Russian leader Lee Beon-jin plotted to assassinate Prime Minister Kim Hong-ji. Roguan Banseong (February 1896): An incident in which Gojong, the head of state, fled to the Russian legation, fearing for his safety due to the conflict within Korea following the Shunshomon Incident. Less than a year after independence, they renounced their sovereignty.
Komura-Weber Agreement (May 1896): Japan and Russia jointly supervise the internal affairs of Korea, and as a condition for Gojong, who is currently in the Russian legation, to return to the palace, the number of Japanese and Russian troops to be stationed, etc. We have arranged. Yamagata-Lobanov Agreement (June 1896): Guarantee of Korean independence between Japan and Russia, promotion of financial reform in Korea, organization of modern police and military, telegraph An agreement was made to hold the line.
Establishment of the Korean Empire (1897): Gojong was able to return to Gyeongun Palace on the premise of an agreement between Japan and Russia. He changed the country's name to the Korean Empire and called himself Emperor. Although it means being on the same level as Japan and China, Japan approves of this. Earn of the Russo-Japanese War (1904): Russia's interests in the Korean Peninsula continued to expand, and the Russo-Japanese War broke out.
First Japan-Korea Treaty (1904): The Korean government appointed a person recommended by the Japanese government to serve as the Korean government's financial and diplomatic advisor. Second Japan-Korea Treaty (1905): An agreement in which Japan deprived South Korea of its diplomatic rights and established South Korea as a protectorate, including the establishment of a supervisor. The Hague Emissary Incident: (1907): An incident in which Gojong dispatched an emissary to an international conference in The Hague in the Netherlands, but was unable to meet with representatives of any country. The conference recognized Japan's jurisdiction over the Korean Peninsula.
The annexation of Japan and Korea was approved by the cabinet (July 1909): The Katsura Cabinet approved the ``Policy to carry out the annexation of Korea at an appropriate time and outline of facilities for Korea''. Assassination of Hirobumi Ito (October 1909): Hirobumi Ito was assassinated at Harbin Station. Japan-Korea annexation (August 1910): Japan and Korea were annexed by the "Treaty on Annexation of Korea."
To summarize the above trends, Japan fought the Sino-Japanese War and made the Korean Peninsula an independent nation. He even made arrangements for the head of state who had fled to the Russian legation to return to Korea, leading to the establishment of the Korean Empire, which was given the name of an empire on a par with Japan and China.
Even so, Russia's advance southward could not be stopped at all, and the conflict between pro-Russian and pro-Japanese factions in Korea continued. After the Russo-Japanese War, Japan judged that the Korean Peninsula could no longer be independently governed and began to restrict its authority. With the backing of pro-Japanese groups such as Isshinkai, Junshu concluded a treaty of annexation of Japan and Korea.
Japan organized the history of the Korean peninsula, and Korea eliminated it and created its own history.
It was Japan that organized the history of the Korean Peninsula. Until then, various documents had simply been stored in that location. Systematized from the perspective of modern history. In addition to Japanese historians such as Iwakichi Inaba, Yasukazu Suematsu, and Hidetaka Nakamura, intellectuals and cultural figures from the Korean peninsula such as Hong Hui, Lee Yong-wha, Choi Nam-seon, and Lee Byeong-yeon also participated, for a total of 41 people. Climb to the top. Japanese scholars generously taught intellectuals on the Korean Peninsula the ways of thinking and systematizing modern history.
There are 4,950 materials borrowed from visits throughout the Korean Peninsula, Japan and Manchuria, 1,623 copies of selected important items, and 3,500 used books that serve as historical sources for the text.
After the war, these historical books were created under Japanese rule, and were rejected as a colonial view of history. Instead, an ethnic view of history created by Korean Peninsulars themselves emerged and was introduced into school education. Not only historians, but also the pro-Japanese factions were ostracized from society, saying that they were trying to get rid of all the bad things they had done. This ethnic view of history has led to the unfounded history that leads to the present day.
Not only in history editing, but in all fields, modern technology and learning brought from Japan were rejected as something brought by postwar Japan. The people who were involved in these events are also ostracized as vestiges of the schedule.
In other words, there were many people who helped the development of the Korean peninsula at the time of Japan's annexation of Korea. Historiography, which was established after the war by eliminating dissenters, is far from an academic approach in the first place. Children on the Korean Peninsula today are learning a story that is a continuation of a national historical perspective that lacks objectivity.
His political career was against the assassination of Hirobumi Ito and the annexation of Japan and Korea. The Theory of Conquering Korea and the Political Change of 1896.
On October 26, 1909, Hirobumi Ito was shot dead at Harbin Station. Ito was always against the annexation of the Korean Peninsula. It was Hirobumi Ito who specified the independence of the Korean peninsula in the Sino-Japanese War peace treaty (Article 1 of the Treaty of Shimonoseki) and made the Qing government make a promise.
He retired from the position of Prime Minister in 1901. The Inspector General of Korea also retired in June 1909, and his last post was that of President of the Privy Council. Although the chairmanship was an honorary position, it was also a position in which one had to maintain neutrality and could not exert any political influence.
The chairman, who was neither the prime minister nor the governor, was assassinated.
At the time of the assassination, Hirofumi Ito was in an honorary position that prevented him from exerting any political influence.
Going back to 1873, it was Ito Hirobumi who stopped the Conquest of Korea theory that occurred in Japan. Ito was still young at the time, only 32 years old. This was said to be the 6th year of the Meiji Coup, and His Majesty the Emperor issued an imperial order to abolish the theory of conquest of Korea, leading to the resignation of half of the councilors, including Takamori Saigo, and approximately 600 soldiers and bureaucrats. Masu.
At this point, the Satsuma domain, which was a leading figure in the Meiji Restoration, disappeared from the political scene.
What is unclear is what Ahn Jung Geun's purpose was in killing Hirobumi Ito. Although it was a murder, no bullets from the Browning pistol that Ahn was carrying were found in Ito's body.
Ahn Jung-geun testified that he did not know Ito's face, and wrote clearly in his autobiography. Since Hirobumi Ito had retired from important political positions, his murder had no influence or effect on the Japanese government.
On July 6, 1909, the Katsura Cabinet decided on the ``Policy and General Guidelines for the Annexation of Korea at an Appropriate Time''. The annexation was decided before Hirobumi Ito's assassination, and Ito resigned as prime minister in 1901 because his policy of appeasement on the Korean Peninsula was criticized.
What exactly did he aim to change on the Korean peninsula? He was tried in Port Arthur and listed 15 reasons for the assassination in his statement of reasons. There are many items that are related to Ito and items that are completely unrelated. His charge is murder.
The Browning gun used by An Si-geun was loaded with 7 shots. At the scene, 13 bullets were found.
Emperor Sunzong's imperial admonitions and the truth about the annexation of Japan and Korea.A life spent playing billiards as a hobby and listening to the gramophone at night.
In 1909, the movement for the annexation of Korea and Japan became stronger, and Prime Minister Lee Wan-yong, with the support of pro-Japanese groups such as Iljin-kai, proceeded to discuss the annexation of Korea with the Japanese government. On August 22nd, the Japan-Korea Annexation Treaty was signed.
On August 29th, the treaty came into effect with the approval of the emperors of both countries, and the Korean Empire collapsed and came under the control of the Japanese Governor-General of Korea. The following is an imperial admonition issued by Emperor Sunjong, the last emperor of the Joseon Dynasty, to the Korean Peninsula, and was also published in newspapers.
Imperial admonition of Emperor Sunjong of the Korean EmpireI have done a tremendous amount of work and have striven for the Restoration ordinance from my accession to the present day. The road ahead is still steep, the country is weakened, and exhaustion is everywhere, leaving us at a loss. This situation cannot be brought to an end. Rather, we should entrust them with great responsibilities and obtain perfect methods and innovative achievements. For this reason, I have personally decided to transfer the right to govern Korea to His Majesty the Emperor of Japan, a neighboring country, to solidify peace in the East and ensure the life and safety of the Korean people. The people should deeply understand the state of the country and the times, work without confusion, submit to the new civilized government of the Japanese Empire, and enjoy its happiness. I have never forgotten the people. It was born out of the true intention of saving and making use of the people, so please understand this well.August 29, 1910
After the annexation, Sunjong (Lee Ben) lived in Changdeokgung Palace in Gyeongseong-fu, was established as a king, and was called ``King Yi.'' Before the annexation, he was so weak both mentally and physically that he was unable to walk without the support of his attendants, but by this time he was able to walk and began to respond cheerfully. Masatake Terauchi said that this may be because he was ``freed from the pain of national troubles.''
After his abdication, Sumjong lived a graceful life
``Li Wang'' was very nervous, and he checked his own clock to wake up, take a bath, and go to bed on time. He played his hobby of billiards from 2pm to 4pm on weekdays and listened to the gramophone at night.
Also, like his father Gojong, who became King Yi Tae, he had an excellent memory, and it is said that he never forgot the names of the people he had an audience with. He loved the French cuisine of Kaneyoshi Yoshikawa, the first head chef of the Imperial Hotel, and ate it almost every day.
In June 1917, he visited Japan and had an audience with Emperor Taisho, who had visited Korea 10 years earlier. In November, a fire destroyed most of Changdeokgung Palace, and they moved to the remaining building called Rakuseonjae, but it was too small.
Lee Wan-yong considered moving to Deoksugung Palace, where King Lee lived, but when Lee heard this, Lee reprimanded him and said, ``Don't move, it's Changdeok Palace given to you by His Majesty the Emperor.'' After that, he lived in Nakseongjae for two years until the restoration of Changdeokgung Palace was completed.
It is believed that Shirosuke Gondo, the administrative official of the King of Yi, believed that the rituals of the King of Lee would be preserved by the title of ``Changdeokgung''.
Korea claims that they were forced to annex Japan and Korea, but no matter how you look at Sunjong's imperial admonitions and his subsequent life and behavior, it doesn't seem that way.
The Nuremberg Laws were racial persecution linked to eugenic ideology - South Korea equated the Rising Sun flag with Hakenkreuz.
In South Korea, a professor named Seo Kyung-duk claimed that the Rising Sun flag was the same as the Nazi Hakenkreuz, and every time he sent an email to its maker just because he used a pattern similar to the Rising Sun flag. They are conducting an anti-Japan movement in the name of correcting historical perceptions. Although it is sometimes featured in the news in Japan, the Hakenkreuz was originally the party flag of the Nazi Party, and the reason why it was made into the national flag means that the flag was abolished when the Nazi Party was disbanded, so from this background. The background is completely different. Although the Rising Sun flag is the flag of a party, it does not represent a particular ideological group, but is interpreted as an expression of Japanese culture's belief in the sun.
South Korea claims that it was invaded by Japan and that the Rising Sun flag is a symbol of Japanese militarism, but then it is necessary to compare the reality of Jewish rule under the Nazis with the actual treatment of Korean peninsula people during the annexation of Japan and Korea. would need to. This is because South Korea claims that it was in the same situation as the Jews. Take the Nuremberg Laws as an example, in the sense that if it meant repression by the state, there would be a legal system.
The Nuremberg Laws are anti-Semitic laws enacted by the Nazis in 1935. Jews living in Germany were not considered citizens of the Empire and were prohibited from marrying or having sex outside of marriage with "Germans or their blood relatives." These acts are considered ``racial misconduct,'' and if discovered, they are subject to criminal penalties. The Law for the Protection of the Genetic Health of the German Peoples required all prospective marriage partners to obtain a certificate of compatibility for marriage from public health authorities. Germany did not allow Jews to participate in the 1936 Olympic Games in Berlin. This is based on the Nazis' eugenic ideology based on Aryan supremacy, and the swastika on the Nazi party flag is depicted as a symbol of the Aryan race. In other words, the Nazis' massacre of Jews was racial persecution based on this eugenic ideology, and as a result, it turned into a campaign of ethnic annihilation (genocide).
The period of Japan's annexation of Korea was completely different, with Koreans on the peninsula being granted citizenship as Japanese and following the same laws. They were given the right to vote, were free to socialize and marry, and used the same public facilities and schools. Son Gee-young, who is from the Korean peninsula, participated in the Olympics as a representative and won a gold medal in the marathon. This competition was the 1936 Berlin Games, in which Jews were prohibited from participating. Japan liberated the Korean peninsula from its status as a vassal state of the Qing Dynasty, liberated slaves, who accounted for 40% of the population, and made them equal citizens. If you compare the Nazis with Japan, the opposite is true.