뉴스레터

The book review meeting of <Dokdo in The Hague> was held at the Northeast Asian History Foundation's Dokdo Research Institute on May 23. The novel deals with an international lawsuit over Dokdo between Korea and Japan in 2009. At the meeting, participants engaged in lively discussions, sharing views on how to brace ourselves for preparing for prospective international lawsuits over the sovereignty of Dokdo as well as stressing the need for securing legal and historical evidence and persuasive logic. _ Editor's note

I was asked to write a review for a novel. It is very rare for a historian like me to write a book review for a novel. I was hesitant at first, but I decided to give it a try because <Dokdo in The Hague> was a novel based on concrete facts.

The author, Ha Jihwan – his real name is Jeong Jaemin – currently works as a judge. He developed an interest in the Dokdo issue while working at International Policy Team of the Ministry of National Defense from 2004 to 2006, and he visited The Hague to further examine this issue. "I studied the flaws of Japan's claims from various aspects, but as a judge, I was not in a position to directly address this issue. Therefore, I decided to write a novel on this topic." By writing this novel, it seems that he tried to point out the flaws of Japan's claims.

《Garakgukgi》 Holds Key to Winning the Lawsuit over Dokdo Issue

The author wrote this novel based on the following paragraph of 《Garakgukgi》: A couple of three-legged birds flew over the sky where the sun's son and daughter lie asleep. Go into the heart of the turtle from Bookdu toward Taesang. The book proposes that Dokdo is part of Gaya's territory, considering Gaya's extensive marine activities which reached as far as Japan. 《Garakgukgi》 appears as an ancient document that has the key to winning the lawsuit over the Dokdo issue. The novel explains how the main characters (Doha, Eunseong, Seojoon) break a secret code and pursue ancient artifacts in Japan.

《Garakgukgi》 is a book of Gaya's history. The book does not exist today, but part of it is included in 《Samguksagi》 in summaries. The author explains the content of 《Garakgukgi》 in the last chapter: "Usanguk consists of Modo (west) and Jado (east). The two islets are only 78 kilometers away from each other. When they were occupied by Modo's King Geodeung, Modo served as a base for marine troops and fishers when Jado was used as a place of exile for felons. The mainland also sent felons to Jado." This means that Ulleungdo and Dokdo are Korean territory.

Below are the author's summary of Korea and Japan's claims. First, Dokdo as well as Ulleungdo were Korean territory from when Silla's King Jijeung ordered Yi Sabu to occupy Usanguk to the eras of Goryeo and Joseon. Second, Joseon confirmed that the two islets were part of Joseon territory in the 17th century, when An Yongbok chased Japanese fishers off the two islets and Japan promised that it would not intrude on Ulleungdo and Dokdo. Third, the draft of the San Francisco Peace Treaty proves that Dokdo belongs to Korea.

Meanwhile, Japan's claims are as follows: First, Japanese fishers had received official permission from the Japanese government for crossing the sea and fishing around Ulleungdo and Dokdo since 1618. Second, there is no evidence that Korea owned Dokdo before the 19th century. Korea possessed an island called "Usan" in Silla, Goryeo, Joseon periods, but "Usan" refers to Ulleungdo, not Dokdo. Third, Japan occupied Dokdo by incorporating it into Shiname Prefecture in 1905. Fourth, Dokdo was recognized as Japanese territory during the process of signing the San Francisco Peace Treaty in 1951.

The author raised a number of issues in the words of the main character, Eunseong, after examining both countries' claims over Dokdo. First, Japenese cabinet made a decision on the incorporation of Dokdo into Shimane Prefecture, and ordered Shimane Prefecture to take care of follow-up work. Second, are there internationally recognized principles that occupation should be publicly announced or notified to relevant countries? Third, Koreans trust that Dokdo is Korean territory, but the judges may not think so. Therefore, we need to equip ourselves with concrete, systematic documents and records so that we can respond to any claims made by Japan.

Historical Truth Regarding Territory Management on Dokdo in Pre-Modern Period

The author is a judge, and drawing from his professional knowledge on legal affairs, he described in detail how the Dokdo issue can be treated in the International Court of Justice. Most scholars of international law in Korea consider that territory management is key to international lawsuits regarding (maritime) territorial disputes.

Then, are there any historical records with regard to Korea's territory management on Dokdo? Koreans have lived in Ulleungdo since ancient times. "Jiriji" of 《Sejong Sillok》 (1454) and 《Shinjeung Donggukyeojiseungram》 (1531) prove that the Korean government recognized Ulleungdo and Dokdo as its territory and exercised sovereignty over them starting from the mid 15th century. In addition, the Korean government officially confirmed that the two islets belong to Korea, based on Japan's decision to prohibit passage to the islets. In 1694, the Korean government sent Jang Hansang, an official from Samcheok, to Ulleungdo for monitoring, and formally carried out policies for search and other activities in Ulleungdo in 1694 and 1697 when Japan prohibited passage to the two islets. Later, Korea continued to carry out search and other activities in Ulleungdo and Dokdo in the 18th century. It also conducted monitoring, resources research and other activities in Ulleungdo.

A case in point here is that Japan did not raise any sovereignty claims for nearly two hundred years from Korea-Japan diplomatic negotiations (1693-1696) triggered by the so-called "An Yongbok incident" to the incorporation of Dokdo into Shimane Prefecture in 1905. In addition, the Korean Empire dispatched Inspector Woo Yongjeong to Ulleungdo and strengthened effective occupation of Ulleungdo and Dokdo. As a result, Imperial Ordinance No. 41 was announced, and this proves the Korean Empire's sense of territory and sovereignty over the two islets.

There are stark differences between Korea and Japan regarding approach toward the Dokdo issue. Korea did not provoke Japan because it trusts without a doubt that Dokdo is Korean territory, while Japan created false evidence and records that Dokdo belongs to Japan, and tries to make Dokdo an internationally disputed area due to Japan's political intention.

Although the process of submitting the Dokdo issue to the International Court of Justice in the novel is fictional, it is worth examining his views regarding Korea-Japan relations in the future. The novel reminds us of the importance of preparedness as well as knowledge in international law and history.