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The Korean Empire Edict No. 41 and Dokdo
    Kim Byung-ryeol (Emeritus Professor, Korea National Defense University)

The Korean Empire Edict No. 41 and Dokdo


120 years ago, on October 25, 1900, the Korean Empire enacted and distributed Edict No. 41. The title of this edict is 'to rename Ulleungdo as Uldo and to revise Ulleungdogam as Uldogoonsoo'. Article 2 states that the location of the county office is designated as Taeha-dong, and Ulleungdo, Jukdo, and Seokdo are under jurisdiction. The interpretation of the meaning of Seokdo is different between Korean and Japanese scholars.

    

The Korean Empire Edict No. 41 and Dokdo


The Background of Enactment of Edict No. 41

    

In the 17th century, due to Ahn Yong-bok's visit to Japan, Joseon and Japan began fighting over the sovereignty of Ulleungdo and Dokdo. The Tokugawa Shogunate recognized the two islands as the territory of Joseon, and prevented the Japanese from crossing the sea. Of course, after that, Japanese invaded Ulleungdo and Dokdo. However, since the Shogunate punished them, there was little Japanese invasion from the 19th century. After the Meiji Restoration in 1868, Japan began to accept Western culture, and its national power grew rapidly. They began sneaking into Ulleungdo again around 1880. Until then, the Joseon government did not let people live in Ulleungdo, and sent government official to Ulleungdo once every three years to protect the country. Then, one day in 1881, an office dispatched to Ulleungdo was found to have detected seven Japanese who were logging trees and building them on the coast.

    

The Joseon government was reported to have been unauthorized infiltration by Japanese people, as well as the fact that they logged trees. And they decided that they could no longer rule Ulleungdo in the same form as at that time. So in 1882, Lee Gyu-won was appointed as a prosecutor of Ulleungdo, and he made him investigate the island in detail. Lee Gyu-won, who was instructed by King Gojong, stayed in Ulleungdo from April 30 to May 10 of that year and found that there were about 140 Koreans and 78 Japanese. Most Japanese were loggers. Lee Gyu-won removed about 2 meters long of the markers that the Japanese had built on Tonggumi Beach. After that, he informed the Japanese that Ulleungdo was the territory of Joseon and told them to return to their home country. He was told by the residents of the island that Songjukdo or Usando is an island near Ulleungdo. So he went up to Sunginbong and tried to find the island, but he had to return without finding it because of his short stay. However, he was able to recognize the fact that Dokdo, called Songjukdo or Usando, was around Ulleungdo.

    

The Joseon government received a report from Lee Gyu-won on the infiltration situation of Japanese people. Joseon protested the Japanese's illegal passage on Ulleungdo through diplomatic channels and strongly demanded that they be summoned home. And from April 1883, Joseon began recruiting residents living on land and moving to Ulleungdo. When Joseon continued to demand the above, Japan sent a ship named Echigo(越後丸) in October 1883 and summoned 254 Japanese intruders.

    

However, the Japanese did not stop coming and going to Ulleungdo. At the end of that year, Japanese Tokuhachi Murakami colluded with Jeon Seok-gyu, and it was discovered that he brought rice to Ulleungdo and took out wood using Japanese ship Tenjiumaru. After this happened, Joseon returned the proceeds from the sale of wood and dismissed Jeon Seok-gyu. Thus, the Joseon government will seek improvement measures to prevent the smuggling of Japanese people.

    

    

Changes Ulleungdogam to Uldogoonsoo

    

In 1883, Joseon appointed Jeon Seok-gyu of the Yangban class as Ulleungdojang, transferring the jurisdiction of Ulleungdo from Uljin to Pyeonghae. He has lived in Ulleungdo for 10 years and knew Chinese characters well. However, Ulleungdojang was appointed by Gangwon provincial governor, and was not authorized as a government official. In other words, Ulleungdojang, who has no rights or responsibilities, has written a certificate to permit the Japanese to deforest. So the Joseon government gave Samcheok-youngjang a mission on the reclamation of Ulleungdo, and also served as a position of Ulleungdo-cheomsa. After that, the government decided to entrust Pyeonghae-goonsoo with the role of Ulleungdo-cheomsa, but in 1888 they established Manho's position in Wolsongjin, which was to defend foreign invasions, and also made him the role of Ulleungdojang. Manho went to Ulleungdo in March and played the role of Ulleungdojang. In July~August, he came to land for Manho's work in Wolsongjin. He appointed ‘Dosoo’(who guards the island) among locals in Ulleungdo. So until he went to Ulleungdo the following year, Dosoo was allowed to act on the mission of Ulleungdojang. The system in which Manho in Wolsongjin served as Ulleungdojang was abolished in January 1895. In August of the same year, Ulleungdojang was changed to Ulleungdogam, and was promoted to Uldogonsoo by Edict No. 41.

    

    

Dokdo and Seokdo

    

The name of Dokdo has been changed historically and has been variously called and recorded according to the region. The central government and local residents called it differently. The names used in Gangwon-do and Jeolla-do were different, and the names used in words and letters were different in the same area. When reclaiming Ulleungdo, the residents of the island called it 'Dolseom' or 'Dokseom'. However, when writing in Chinese, it was written as Dokdo or Seokdo, and even as Songjukdo or Usando. The historical record, written ‘Dokdo’, can be found in a report recorded by Shim Heung-taek, the Uldo-gun, as ‘Dokdo belonging to the main-gun(Uldo-gun)’. Unfortunately, no records have been found yet, writing Seokdo. However, many stone islands in the West Sea and the South Sea are still widely used as 'Dokdo' or 'Seokdo'. This can not be concluded that the name 'Seokdo' was not used. Dokdo or Seokdo does not mean small rocks around large islands. It means the whole island of independent rock, which is a certain distance from the island where people can live.

    

    The Korean Empire Edict No. 41 and Dokdo

Decisions of the Cabinet Council (1905. 1.28)

The Japanese government's document that presupposes Dokdo 

as a land without a master and decides to incorporate it into Japanese territory


Decisions of the Cabinet Council (1905. 1.28) The Japanese government's document that presupposes Dokdo as a land without a master and decides to incorporate it into Japanese territory

Shimane Prefecture No. 40 (1905. 2.22)

Notification of Japanese government unilaterally incorporated Dokdo into Shimane Prefecture



Jukdo and Seokdo under Edict No. 41

    

The edict No. 41 states that Uldogoonsoo has jurisdiction over the entire Ulleungdo, Jukdo and Seokdo. Jukdo means Daet-Island, about three kilometers east of Ulleungdo.(‘Daet-Island’ is the largest of the Annexed Island of Ulleungdo, and is called bamboo island because it has many bamboo trees). So what island is Seokdo? Japanese people say that Gwaneumdo, located in the northeast of Ulleungdo, is called Seokdo. However, Gwaneumdo is an island very close to Honjima Island. Looking at the maps of the time, it is not drawn independently from Honjima Island. Moreover, there is no possibility of being called stone island or Seokdo because the tree is dense. It is not reasonable to name a Seokdo in such a place.

    

It is not reasonable to say that Seokdo is not a Gwaneumdo but a lump of rock scattered around Ulleungdo. It was not said that the rocks around the island belonged to the island in the past or now. Nevertheless, if you interpreted that 'Uldogonsoo should have jurisdiction over even the rocks around the island', it is wrong and irrational. In addition, if it means all the rocks around the island, it should be called 'all rock islands'. It is not right to simply say 'rock island'.

    

In 1906, a report by Shim Heung-taek, an Uldogoonsoo, described 'Dokdo belonging to the Main-gun(Uldo-gun)'. If the 'Seokdo' of the Korean Empire Edict No. 41 is not 'Dokdo', what did Shim Heung-taek think that Dokdo is included in Uldo-gun? Why did he recognize Dokdo as an island he ruled? Between 1900, when the edict No. 41 was published, and 1906, when Shim Heung-taek published the report, there was no administrative measure to include Dokdo in Ulleung-gun. Therefore, it is strange not to regard Seokdo as Dokdo.

    

    

Japan incorporated Dokdo into their territory for the Russo-Japanese War.

    

In 1904, Japan attacked the Russian fleet and caused the Russo-Japanese War. Japan seemed to continue to win. But as time passed, the main battleships were destroyed, and they lost the command of the sea around the Korean peninsula. Therefore, in order to avoid the isolation of the Japanese troops dispatched to Manchuria, the Japanese military thinks it is important to quickly detect the movement of the Russian Vladivostok fleet to the East Sea.

    

On January 9, 1905, Japan was reported to have had the Baltic fleet through the Suez Canal. At the time, they were in a daunting situation just by grasping the movement of the Vladivostok fleet. So the Japanese Navy has set up a plan to install a watchtower on Dokdo, and then asked the Ministry of Home Affairs to hold a cabinet council. Upon receiving a request from the Navy, the Home Secretary sent a secret letter to the Prime Minister on January 10, asking for a cabinet council to be held. So on the 28th, 11 cabinet ministers, including the Navy, decided to incorporate Dokdo in the cabinet council. At that time, the Japanese cabinet was controlled by the military, and no cabinet members opposed the need for the incorporation of Dokdo for military reasons. And on February 22, the governor of Shimane Prefecture announced the incorporation of Dokdo. In other words, Dokdo was the land under the jurisdiction of Uldo-gun by the Korean Empire Edict No. 41. However, Japan has falsely claimed that "Dokdo is a land without a master," and has incorporated it into their land through Shimane Prefecture No. 40.

    


Shimane Prefecture No. 40 (1905. 2.22) Notification of Japanese government unilaterally incorporated Dokdo into Shimane Prefecture

Lee Myung-rae's Report (1906)

Lee Myung-rae, who heard Shim Heung-taek's report 

that "Dokdo has become Japanese territory" from Japanese officials, wrote it. 

He pointed out the unfairness of Japan's illegal incorporation of Dokdo. 

The Joseon government ordered the Dokdo Island to be the territory of the Korean Empire.

    


The Japanese government has already identified it as the territory of Joseon

    

After the Meiji Restoration, Japan began to accept modern Western cultures and tried to produce modern Japanese maps. For this purpose, the Ministry of Home Affairs surveyed the entire country using triangulation and examined whether Dokdo and Ulleungdo would be surveyed as Japanese territory. The Ministry of Home Affairs, which was investigating the old records, finds record that Japan finally recognized the two islands as the territory of Joseon after several diplomatic documents between Joseon and Japan, starting with the activities of Ahn Yong-bok at the end of the 17th century. The Ministry of Home Affairs reported this to Taejunggwan, which was the highest legislative organ of the Japanese government at the time, and Taejunggwan resolved after confirming it. "The two islands are not Japanese territory."

    

    

Japan pretended to have legally incorporated land without a master

    

Nakai Yosaburo was a fisherman who captured and sold Gangchi(Korean Sea Lion) near Dokdo. However, as the number of Gangchi fishermen increased and the amount of capture decreased, he sought his own way to live. He planned to rent Dokdo from Joseon and ask for exclusive fishing rights. However, the plan was in danger of being canceled due to the opposition of the Ministry of Home Affairs. Then he visits the Foreign Ministry's director, Yamaza Enjiro, and asks him once more. Yamaza was worried about the command of the sea issue in the East Sea. He decided that building a watchtower on Dokdo, and installing a wireless or submarine cable would be very advantageous to monitor the Russian fleet. So he encouraged Nakai to submit an application to the Ministry of Foreign Affairs, not the Ministry of Home Affairs. Dokdo is an island that the Meiji government has already recognized and decided as the land of Joseon. However, Yamaza encouraged a fisherman to submit a petition for the incorporation of Dokdo and the use of Dokdo, making Dokdo an "island without a master". So, with a petition submitted by a fisherman, Japan pretended to have incorporated Dokdo peacefully.

    

    

Conflicts over Dokdo are underway

    

It has been 120 years since the Korean Empire Edict No. 41 was released. However, Japan still claims that Dokdo is Japanese land. Prime Minister Shinzo Abe, who had worsened the relationship between Korea and Japan recently, resigned for several reasons and Suga Yoshihide Cabinet was launched. With the launch of the new cabinet, the relationship between Korea and Japan must be restored. It is not just to resolve the political conflicts between the US, China, Japan and Russia in Northeast Asia. In order to cope with the new epidemic of COVID-19, cooperation between Korea and Japan is more urgent than ever. The sensible Japanese know that the first step in restoring relations is no longer to make an absurd statement about Dokdo. I hope Dokdo will be reborn as an island of peace, not an island of conflict.