독도문제 연구에 대한 주요 쟁점 검토 -도해금지령과 태정관지령을 중심으로-

Abstract

The sovereignty issue over Dokdo Island has been the subject of dispute between Korea and Japan for more than three centuries since 1699. Academically and practically, there has been no sign to resolve the issue, and it is not easy to find common ground on the discussions between Korean and Japanese researchers. This is because the researchers of both countries focus only on their justified and purposeful studies that can give an advantage to their own countries over securing the sovereignty rather than pure academic studies.In addition, there is a huge gap in the perspectives of the Dokdo Island issue between Korea and Japan. Japan considers it a territorial issue, while Korea takes it as a historical one. The Japanese researchers focus mainly on the international legal points of view of the issue, whereas the Korean researchers tend to emphasize interpretation of the phenomenon as they understand the issue in the modern historical context of Japanese invasion of Korea.Against this backdrop, this study organized some of the controversial issues over Dokdo Island between Korea and Japan in a chronological order. The study particularly reviewed the Dajō-kan Directive related to the prohibition of passage to Utsuryo (Ulleungdo) island. Specifically, it examined whether the prohibition of passage to Utsuryo island includesDokdo Island; whether the prohibition is possible to be considered a treaty on the level of modern international law; and if it’s a treaty, what implications the prohibition contains. Furthermore, it examined what the Dajō-kan Directive that succeeded the prohibition of passage to Utsuryo island means and how it can be used to resolve the sovereignty issue over Dokdo Island in detail. On the basis of the results, this study brought up new opinions over utility of the National Border Treaty Regime between Joseon and Japan/Korea and Japan based on the above mentioned prohibition of passage to Utsuryo island and the Dajō-kan Directive, any relevant injustice of Japanese incorporation of Dokdo Island, and interpretation of the Treaty of San Francisco.