겐로쿠(元禄)․덴포(天保)․메이지(明治) 도해금지령의 규범 형성절차 및 형식의 법적 의미

Abstract

Korea Ministry of Foreign Affairs(MOFA) internet homepage shows only Japanese Genroku(元禄) Era Directive on Prohibition of Marine Passage to Ulleungdo of 1696 as an evidence to testify Korean territoriality of Dokdo. The Edo Shogunate issued a directive prohibiting all Japanese from making passage to Ulleungdo, confirming that Ulleungdo and Dokdo were Korean territory. However, Japanese government promulgate normative Order on Prohibition of Marine Passage to Ulleungdo including Dokdo two more times. Another two Order on Prohibition of Marine Passage are Denpo(天保) Era Directive on Prohibition of Marine Passage to Ulleungdo of 1837 after Imazuya Hachiemong incident and Meiji(明治) Dajokan Ordinance of 1883 after Dajokan Order of 1877. In 1877, Dajokan Order stated that "Regarding Takeshima(Ulleungdo) and one other island(Dokdo)... bear in mind that our country(Japan) has nothing to do with them. Meiji 10 March 29. Grand Council of State was Japan's the highest decision-making body during the Meiji period. The Dajokan instructed the Japanese Home Ministry to bear in mind that Ulleungdo and Dokdo have no relation to Japan. These three Prohibitions of Marine Passage to Ulleungdo and Dokdo were promulgated as normative order which were enforced in national wide range as well as stated repeatedly the national-will that Ulleungdo and Dokdo were not the territory of Japan. In terms of documentary formalities, these governmental document have three commons in procedural and structural formation. First, in the process of enactment, for the exactness of contents and definite effectiveness, Japanese government asked the exactness of issues to local government Shimane Prefecture and received a written answer which was considered in the final orders. Second, for the clarification of the range of prohibition, those Directives are appendixed maps and, in the maps, Korean territory was shaded in red and Japanese territory in blue. Definitely, Ulleungdo and Dokdo were both shaded in red, indicating Korea Territory. Third, each of these documents had normative effectiveness in common but different normative nature such as order for the execution of diplomatic arrangement, order for the carrying out the decision of court and executive ordinance following Dajokan Order because of historical background of its promulgation.