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The Significance and Value of Evidence in International Law of the Corean Alpine Club's Ulleungdo-Dokdo Academic Research Troop

  • The Journal of Northeast Asia Research
  • Abbr : NEA
  • 2020, 35(2), pp.65-92
  • DOI : 10.18013/jnar.2020.35.2.003
  • Publisher : The Institute for Northeast Asia Research
  • Research Area : Social Science > Political Science > International Politics > International Relations / Cooperation
  • Received : November 3, 2020
  • Accepted : December 15, 2020
  • Published : December 31, 2020

ha-young YU 1

1동북아역사재단

Accredited

ABSTRACT

Dokdo is one of the starting points of the post-war conflict between Korea and Japan in the process of the unreasonable postwar process of World War II. Even though the boundary between the land and the sea exists between Korea and Japan under international law, Japan's claim of territorial sovereignty only with respect to Dokdo continues. As with the “critical date” under international law, the Dokdo issue, which began in earnest in 1947, or Japan's claim to sovereignty over Dokdo continued until the “Treaty of Peace with Japan” entered into force in 1952. In response to this, it is evaluated that the Korean government has responded in a timely manner and defended it in a timely manner, such as dispatching the “Academic Research Troop” from 1947 and the declaration of “Peace Line” in 1952. The Ulleungdo-Dokdo Academic Research Troop, which was dispatched from 1947 immediately after liberation, is the “fact” of the exercise of joint public-private jurisdiction in the transitional period, and this is an example of the interpretation and application of international legal and domestic laws that protect the territory of the Republic of Korea (state practice) to Japan. It can be used as the most basic basis for diplomatic negotiations on Korea. At that time, Korea was under the US military government, but Dokdo was a territory of Joseon, so the effective control of the “Corean Alpine Club” was effective rule for “maintaining the title” and satisfies the “continuation requirement” of effective control. The effective domination of remote uninhabited islands was satisfied by a survey of the Corean Alpine Club. It still has a special meaning of exercising jurisdiction and activities of autographers in the transition period before the establishment of the Korean government. Since Dokdo is located far from the mainland of Korea and is virtually uninhabited, the academic research activities of the Corean Alpine Club met the requirements for effective control over Dokdo. On the basis of these historical “facts”, the Korean authorities and the National Assembly, including the transitional government, at least prove that Dokdo has not “cast it aside” or “abandoned” Dokdo.

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