Researcher Sets Precedent in Refuting Japans Claim on Dokdo
By Do Je-hae
Staff Reporter
Amid the economic crisis, the dispute over Dokdo was of little concern to people here until Jan. 4, when a Korean researcher put forth fresh legal evidence to refute Japan's claims of sovereignty islets, rekindling public and media interest in the decades-old territorial debate.
Dr. Yoo Mi-rim, a senior researcher with the Korea Dokdo Research Center at the Korea Maritime Institute (KMI) in Seoul, disclosed last week the discovery of two separate Japanese legal documents, "Prime Ministerial Ordinance No.24," issued on June 6, 1951 and "Ministry of Finance, No.4," issued Feb. 13, the same year. Both contain decrees that negate Japan's claims over the islets.
"It’s the first time Korean researchers have found Japanese legal documents explicitly excluding Dokdo from Japanese territory," Yoo told The Korea Times in an interview.
Dokdo is a cluster of small islets situated approximately 215 kilometers off the east coast of the Korean Peninsula. Japan calls it 'Takeshima' and has continuously maintained that Korea's ``occupation” of it has no legal or historical justification.
Such claims seem more self-contradictory than ever before, with these Japanese documents actually providing evidence that Japan did not recognize Dokdo as its territory, at least before the San Francisco Peace Treaty was concluded Sept.8, 1951.
"Although 'Prime Ministerial Ordinance No.24' does not regulate territorial sovereignty, it is noteworthy that it has remained unchanged, even since its initial revision in 1960. This could be useful legal evidence in strengthening our case on Dokdo," Yoo explained.
Yoo had help from Choi Bong-tae, a Korean lawyer who had spent two years handling a lawsuit against Tokyo, in which he demanded the disclosure of diplomatic documents pertaining to the 1965 Treaty on Basic Relations, and managed to get approximately 60,000 pages last July from the Japanese Foreign Ministry.
After scrutinizing the documents, Yoo found the ordinances dealing with Japan's property rearrangement after World War II. They specifically stated that "Japanese territory consists of Honshu, Hokkaido, Kyushu, Shikoku and nearby islands, excluding Jeju Island, Ulleung Island and Dokdo."
While Seoul has welcomed the findings, Japanese reaction has been scarce, with its Foreign Ministry yet to make an official comment. "The only media commentary came from the Yomiuri Shimbun, which dismissed the ordinances as having nothing to do with territorial issues," Yoo said. Unlike Korea, Japan does not specify its territory in its Constitution.
Yoo's discovery comes at a time when Japan is stepping up efforts to publicize its territorial claims over Dokdo. In late December, Tokyo distributed brochures in ten languages on the issue through its diplomatic missions, and recent reports of Japan's intention to include Dokdo in its marine resource inspection have caused additional concerns here ahead of the Jan. 12 Korea-Japan Summit.Yoo, who holds a PhD in Korean Political Philosophy from Ewha Woman’s University, has been a senior researcher with the KMI since 2006 and has received recognition for her pioneering efforts in uncovering various historical documents substantiating Korean sovereignty over Dokdo.
