독도 영유권의 증명
Proving the Sovereignty over Tokdo

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서울대학교 법학연구소
법학, Vol.42 No4 pp.215-241
排他的經濟水域(EEZ)智證王 13년 于山國隣接性(proximity)朝鮮의 獨島 領有權 認定
Korean sovereignty over the islet of Tokdo has been evident from time
immemorial due to the visible proximity from the mother island Ulleung-do
located some 92 km away. Ulleung-do has always been under Korean
sovereignty since it was concurred in AD 512 during the Shilla Dynasty. At
no time was the Korean sovereignty over Ulleung-do challenged by Japan, so
should be the fate of the islet of Tokdo, unless otherwise proved. Even the
Japanese have treated these two islands as a pair, calling them “Matzu-shima
(pine island)” and “Take-shima (bamboo island).” In the traditional East Asian
culture, pine and bamboo represent a pair, like yin and yang, the heaven and
the earth, etc. Historical documents produced by the Japanese government
before ushering in the twentieth century had declared that the pair of islands
belonged to Korea. The Tokugawa government even decapitated the Japanese
for going fishing to the pair of islands in violation of the ‘closed sea rule’ in
order to clarify the Korean sovereignty over it. A Japanese historical document
Onshu-shiteigoki published in 1667 by the provincial government also
designated the border of the two countries to be about midway between
Tokdo and Okino-shima in Japan. The Meiji government also recognized
Korean sovereignty over the pair of islands in 1877. Almost all the historical
materials and maps published in Japan in the nineteenth century also show
Korean sovereignty thereover.
It was only in the early twentieth century at the time of the Russo-
Japanese War, that Japan started to show her greed over Tokdo due to its
geo-political location, which was advantageous in waging the naval war. Thus
the Japanese incorporation of Tokdo on February 22, 1905, alleging that it...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 42, Number 1/4 (2001)
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