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자료유형
학술저널
저자정보
저널정보
부산대학교 법학연구소 법학연구 法學硏究 第42卷 第1號 通卷 第50號
발행연도
2001.12
수록면
121 - 141 (21page)

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초록· 키워드

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The question of territorial title to the small rocks, Liancourt Rocks, (or islands) called Dokdo in Korean and Takeshima in Japanese is a legal question which includes very complicated problems of historical facts. The arguments on the legal basis of the territorial title to the rocks raised both by the government officials and by the scholars of the two title-claiming countries are in their large part relying on the historical facts with regard to the rocks. These historical facts include the geographical cognizance of the rocks, the evidence of the will to possess them by both Korean and Japanese governments and the management or use of them as a navigational visiting point or fishery base.
These facts are proved or evidenced by many historical documents and maps. To find out them, to interpret their meaning and to evaluate them are the works which lawyers are not familiar with. Therefore, it is inevitable that lawyers and governments officials should rely on the experts of the historical facts when they invoke this kind of facts in the precess of raising their legal arguments.
In Japan, the earliest, most comprehensive and most influential book concerning this kind of historical facts is the “Takeshima no Rekishi Chirigakuteki Kenkyu (Historical and Geographical Study on Liancourt Rocks)” written by Kawakami Kenjo. As a matter of fact, regarding the historical facts about the rocks, the most well known legal article written by representative Japanese international lawyer is entirely relying on this book. The review of the diplomatic notes and letters sent by Japanese government to its Korean counterpart with regard to the territorial title to the rocks shows that Japanese logic of claiming the title to the rocks is totally in concordance with the book. These are the reasons why it is important to critically review the content of the book in order to correctly estimate the persuasiveness of the arguments raised by Japanese government and scholars.
According to the author's review of the content, it may be concluded that the book is losing balance in interpreting and estimating many historical documents and maps. In many aspects, its interpretations of the historical documents are very subjective and arbitrary one. For example, he points out some errors concerning the names of Dagelet island and Liancourt Rocks contained in the Chinese maps. However, what is important in the sense of geographical knowledge is the cognizance of the two different islands as a different ones. Regarding this fact, he just says that the designation of the Chinese map to the two different islands is “arbitrary” one made by the map’s author. He never presents the reason why it is “arbitrary”. He also omits to review or observe many Korean maps which can be the evidences of historical geographical knowledge of the rocks by Koreans. This kind of impartial and subjective attitude concerning the treatment of the historical facts can be seen in many parts of the book. Some of the examples of this attitude are the interpretation of “Inshu shicho gakki” written by Saito, records concerning the activities of Ahn Yong-Bok and many historical descriptions of the rocks in the middle of the East Sea (Sea of Japan). He even assumes that the inhabitants of the Dagelet island had never climbed above the altitude of 120m or those who may have climbed above the altitude could never see the rocks owing to the thick forests.
Kawakami’s description and analysis of the measure taken by Japanese government to incorporate the rocks to the Japanese territory also seems to be losing balance and deflected one. What is decisively important seems to be the analysis of the process of the petition to the Japanese government made by Nakai Yozaburo to include the rocks to the Japanese territory and put them to lease for 10 years. Though Kawakami’s book introduces this episode and concerned document, he never goes into deep analysis of the background and the process of the petition, which may show the Japanese government's recognition of the rocks as a Korean territory.
In conclusion, the book by Kawakami gives the impression that it only focuses that aspect of the historical materials which may be made use of in proving Japanese historical title to the rocks and ignores other aspects of them intentionally or incidentally.

목차

Ⅰ. 머리말
Ⅱ. 『竹島の歷史地理的硏究』의 내용
Ⅲ. 『竹島の歷史地理的硏究』의 문제점
Ⅳ. 맺는 말
Abstract

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