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The Intervention of Japanese Government in the Trial of Ahn Jung-Geun and Its Illegality

  • The Review of Korean History
  • 2009, (96), pp.225-266
  • Publisher : The Historical Society Of Korea
  • Research Area : Humanities > History

Sungmin Han 1

1동국대학교

Accredited

ABSTRACT

The trial of Ahn Jung-Geun, was going illegally on the whole by Japan's political intention with the assistance of Russia. Harbin was Russia's jurisdictions because of Chinese Eastern Railway(CER), so Russian authorities had a responsibility to arrest and examine Ahn Jung-Geun. They, however, extradited him to Japanese authorities to evade Russia's responsibility for guard and in consideration to diplomatic relations with Japan. Therefore, Japan exercised jurisdiction over the case of Ahn Jung-Geun in situation that she deprived of the right of Korea's judicial power. At that time, the Korea's law was, however, applied to Korean in accordance with the provisions of treaties and agreements concluded between Korea and Japan. Because consular jurisdiction was applied to the principle of personal jurisdiction, Ahn Jung-Geun had the right of going on trial in Korea's jurisdictions by Korea's law, if not consular jurisdiction by the Japanese Consular at Harbin. Japanese authorities broke all that rules, applied Ahn Jung-Geun to Japanese law, and executed him. Japan's political reason why Japan proceeded the trial by force was that Japan worried that the Assassination of Ito Hirobumi by An Jung-Geun would have a negative influence on the policy on the Japanese Annexation of Korea and on the revision of unequal treaties with Western Powers. If the Assassination of Ito Hirobumi by An Jung-Geun were embossed. it would become something like a detonator of anti-Japan movement in Korea. The strong public opinion about the Japanese Annexation of Korea would become violent under impetus from it. Korean problem would attract international attention. If these come true, Korea's opposition or interruption other Powers would frustrate Japan's plan on annexation of Korea, or Citizen-leading annexation of Korea would be driven in different way that Japanese government didn't have intention to do because of the strong public opinion. Japan failed to make a confession of "misunderstanding with Ito" from Ahn Jung-Geun in spite of Japan's appeasement policy in order to remove Japan's concerns. Therefore, as the second best policy, Japanese authorities applied Ahn Jung-Geun to Japanese law, and executed him. In conclusion, during the trial of Ahn Jung-Geun, Japan infringed the powers of jurisdiction which was one of the Western-modernization which Japan presented, and didn't observed illegal treaties and agreements concluded by her own compulsion. The trial of Ahn Jung-Geun, therefore, come under violation of treaties and agreements and the illegal trial clearly.

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