The Korean Provisional Government's International Legal Status and Legitimacy
Since 2008, controversies have continued to arise over exactly when the Republic of Korea was founded, including the most recent one sparked because of the state-issued history textbook. Lying underneath such controversies is a complex combination of diverse legal and historical interpretations about whether the Korea-Japan Annexation Treaty of 1910 can be regarded as the dissolution of the Empire of Korea, whether the Korean Provisional Government formed in 1919 was formally recognized, and what the establishment of the Republic of Korea’s government in 1948 means. In order to discover the “creation of state in international law” in the case of Korea, this article considers the theory and practice of general international law on “recognition of state” and “recognition of government,” and attempts to determine the international legal meaning of the Republic of Korea’s foundation. The term “legal legitimacy” in this article refers to "identity of state," and “legitimacy” refers to "legitimacy of government" in this article.
Yu Ha-young (Research fellow, NAHF Institute of Dokdo Research)