Abstract
《Comparative study of Japanese colonial policy and legal system in Joseon(Korea) and Taiwan》
As a result of comparing the legal systems in colonial Joseon and Taiwan, there were parts that were the same or similar to the two, and there were ...
Abstract
《Comparative study of Japanese colonial policy and legal system in Joseon(Korea) and Taiwan》
As a result of comparing the legal systems in colonial Joseon and Taiwan, there were parts that were the same or similar to the two, and there were parts that were quite different. There were many similar aspects to the assimilation education policy, resident registration policy, judicial system, and local administration system.
However, there were differences in the timing of the resident registration policy, the timing and degree of the introduction of the local self-government system, the resident control policy, and the degree of police politics. These differences stemmed from the differences in the historical and cultural experiences of the two regions and the resistance of the inhabitants of the two regions to colonial rule.
Although Japan ruled Joseon and Taiwan as the same colonies, the Japanese colonial rule or legal system was different in consideration of the historical and cultural backgrounds of both sides and the resistance of the residents of the two regions.
The results of this research team's eight subjects are summarized as follows.
<A comparative study of colony Taiwan and Joseon's system of the Resident Survey Regulations>
This article revealed that the Japanese imperialists had tried to maintain the system by classifying and managing colonial Taiwanese and Koreans into two or three classes based on property, occupation, and ideology. The Resident Survey Regulations had created ‘Resident Survey Registers’ containing residents' personal information on family relations, wealth, job status, ideological trends, personality and behavior, military service relations, etc. of all Taiwanese and Koreans. Based on this, the residents were classified into 2-3 grades and used as necessary data for the police supervision.
The differences of the ‘Resident Survey Registers’ between colonial Taiwan and Korea were several. In Taiwan, the two purposes of identification and police supervision were mixed, but in Korea, the main purpose was to consistently set up police supervision. Nevertheless, Taiwan's system was more detailed and more powerful than Korea in the way it classified residents, the number of surveys, and the method of registration. But in case of the investigation of the military service relations, Korea was faster than Taiwan.
There was also a big difference in the style of the Resident Survey Registers in Taiwan and Korea. Because the Resident Survey Registers in Taiwan had two functions: notarization of identity and police supervision. In summary, the Resident Survey Regulations of colonial Taiwan and Korea were systems in which the government power played a very important role in capturing them into their own governance system by classifying and controlling the inhabitants based on property, occupation, ideology, and behavior.
<The Study on the Registrar Registration System of Colonial Taiwan and Joseon>
This article revealed that there were differences in the timing and purpose of enforcement, supervisory authority, and other fees, penalties, etc., comparing to Japan. This is a system that notarizes the facts of residence and family relationships, and was implemented in Taiwan and Korea 20-30 years later than Japan. In particular, in the case of Korea, it was only implemented at the time of conscription at the end of the Japanese colonial period. The mobilization policy of the Japan imperialist for Korean People had came to the top with the draft system which was enforced in Korea on August, 1943. For the preparation of drafting Koreans to the war, the Government General of Korea enforced the Chosun Giryu-ryeong and registered Koreans’ dwelling places and family relations on October 15, 1942.
Base on this law, the Government General of Korea checked up Koreans’ family register and searched the drafting age out. After grasping all Koreans’ dwelling places and family relations in administration records, the Imperialist Japan intensively had searched the investigation of the draft age’s Family Register and Resident Register. In addition to the difference in implementation time of the Act, Fees and penalties for the reading residence document were also heavier in Taiwan and Korea than in Japan. This fact shows that Japan dominated Taiwan and Korea as colonies through institutional discrimination.
<A Study on the Judicial System in the Colonial Taiwan>
Under the colonial rule, Taiwan and Joseon introduced modern judicial system through Japan; with the invasion of Japanese imperialism, professional justice agencies were established in the area, and legal experts were appointed to judges and prosecutors. Furthermore, civil and criminal lawsuits were separated and the Litigation Procedure Act was created. As such, Taiwan and Joseon were both strongly influenced by the Japanese judicial system. In particular, the judicial system of colonial Joseon was created by referring to the court organization of Taiwan, so research on it is necessary. In this study, the judicial system and lawyers of Taiwan were analyzed. Studying the characteristics of Taiwan's judicial system is thought to be useful in understanding the judicial system of colonial Joseon.
<A Comparative Study on the Customs in Colonial Joseon and Taiwan>
This study was to investigate the interrelationship between colonial rule and colonial customs by comparing and examining the activities of customary surveys conducted by Japanese colonial Taiwan and Joseon. Until now, studies on customary investigation projects and customary investigation reports such as Korea and Taiwan have been continuously conducted, but comparative analysis of how the 'conventional' and 'conventional law' as trial norms have been historically formed and what their characteristics are is insufficient. In particular, the survey on Koreans and Taiwanese who participated in the customary survey was rarely conducted. The purpose of this study is to analyze 300 books of customary survey documents in Suwon museum, to investigate the size and occupation of Koreans who responded to customary surveys by region, and to examine how customary surveys were conducted.It is expected that this study will show the difference of customary surveys between colonial Taiwan and Joseon.
<The Comparison of Local Administrative Systems between Taiwan and Korea under the Japanese Colonial Rule (1895-1919)>
Japan annexed Taiwan in 1895 and established the Japanese Government General of Taiwan and began to reorganize Taiwan’s local administrative system. In 1895, there were three fu (府) and one zhou (州) in Taiwan Province (臺灣省). The three fu and one zhou consisted of 11 xian (縣) and three ting (廳). Reorganized the local administrative system, the Japanese Government General of Taiwan changed three fu and one zhou to three xian and one ting. In 1897, the three xian and one ting were changed to six xian and three ting and 86 bianwushu (辨務署) offices were established under xian and ting. Jie (街), zhuang (庄), and she (社) were placed under bianwushu. Bianwushu office was a new administrative system. As a result, the local system took the form of being connected in three stages.
Meanwhile, in 1901, it was decided in Taiwan that the xian system would be canceled and bianwushu would be expanded to 20 ting. Such two-level local administrative system was maintained until 1909. However, with the strengthening of the authority of zhiting (支廳) since 1909, it has effectively returned to a three-level system.
Meanwhile, the Japanese Government General of Korea established in 1910 made “Myeon (面) offices” shortly after the Japan-Korea annexation and assigned to myeon key local administration affairs, such as collection of national taxes and family registry maintenance.
The Japanese Government General of Korea also implemented the bu system (府制) in 1913. A total of 12 bu was established in old open ports and open cities with a large Japanese population, and bu was made a corporate body, which had a bu council, an advisory organ. The bu system in Korea was similar to the shi system (市制) in Japan in many ways.
The Japanese Government General of Korea promoted the myeon system (面制) in 1917, and the Legislation Bureau of the Japanese government rejected the suggestion about making myeon a public agency and corporate body. In the end, myeon was practically recognized as a quasi public agency as it possessed property and operated its own business. Since then, myeon has been able to significantly expand their finances by increasing their own property, running their own businesses, and increasing tax items.
A comparison of the local systems of Korea and Taiwan during this period is as follows. First, a three-stage system was introduced in 1897, and a two-stage system was implemented between 1901 and 1909 in Taiwan, but the three-stage system was maintained in Korea. Second, the officials of the Government General of Korea established the bu-system((府制) and the myeon-system(面制) in Korea in the 1910s. However, in the 1910s, officials of the Government General of Taiwan did not push forward with the local system with the characteristics of a corporation or a public organization. Third, in Taiwan, local administration and police administration were integrated and operated. On the other hand, in Korea, it was operated separately, and instead, in addition to the police, the military police also served as a police officer. Fourth, in Taiwan, during the period of the Governor General of Kodama, the ‘paochia system(保甲制),’ which utilized the traditional system, was introduced and became a subsidiary institution for the police and administration. In Korea, there was the ‘5-houses control system(五家作統制)’, but since it did not work properly, the Government General of Korea did not plan to use it.
<Comparison of the revision of local systems in colonial Korea and Taiwan in the 1920s and 1930s>
After the March 1st Movement in Korea in 1919, Prime Minister Takashi Hara of Japan thought it was necessary to establish advisory bodies in local administrative organizations so that Koreans and Taiwanese could participate in politics in order to satisfy their desire for politics. Accordingly, the Governor-General of Korea, Saito Makoto, drafted a related proposal in April 1920, and with the approval of the Japanese government, promulgated related laws on July 29, 1920. Also, in Taiwan, the Governor-General Den Kenjirō prepared a related proposal in early July 1920, which was later than Korea, and promptly passed the approval procedure of the Japanese government and promulgated related laws on July 30, 1920.
Although the scope was very limited, the local systems of Korea and Taiwan, which began in 1920, were based on local autonomy. While Japan’s hukai and kenkai council (府‧縣會), sikai council (市會), and machikai and murakai council (町‧村會) were all decision-making bodies, but Korea’s dopyeonguihoe council(道評議會), buhyeopuihoe council(府協議會) and myeonhyeopuihoe council(面協議會), and Taiwan’s state council(州協議會), city council(市協議會), and jie and zhuang council (街‧庄協議會) were all advisory bodies.
In addition, members of Japan’s hukai and kenkai council, sikai counci, and machikai and murakai council were all elected by people through elections. However, while two-thirds of the members of the Korea’s dopyeonguihoe council elected through election system (by voting of Buhyeopuihoe council and myeonhyeopuihoe council members), one-third were appointed by governor. Members of buhyeopuihoe council were elected through election system. As for myeonhyeopuihoe council, members of the designated myeon were elected, but the rest were appointed. In Taiwan, state council members, city council members, and jie and zhuang council members were all appointed. Japan had an electoral system, Taiwan had an appointment system, and Korea had a mixture of appointment and electoral systems.
In the 1920s, anti-Japanese activists in Korea continued their independence movement, and the pro-Japanese forces also continued the movement to give Korea the right to autonomy to set up a self-governing council or to give the right to participate in the Japanese parliament. Therefore, in 1929, Governor-General Saito consulted with the Japanese government and decided to satisfy the desire of Koreans to participate in politics through the expansion of the local autonomy system. Accordingly, the revised local system was announced in 1930. Meanwhile, in Taiwan in the 1920s, autonomy and suffrage movements also took place. However, the Government-General of Taiwan and the Japanese government were passive in expanding Taiwan’s local autonomy. While witnessing the process that the local autonomy system in Korea was expanded in 1930, the Taiwanese formed the Taiwan Local Autonomy Federation in August 1930 and asked the Taiwanese Government-General to expand the local autonomy system in Taiwan. Eventually, in 1934, the Governor-General of Taiwan announced a plan to expand the local autonomy system with the approval of the Japanese government.
The local autonomy system implemented in Korea and Taiwan in the 1930s was also a limited local autonomy system. Dohoe council (道會) in Korea and juhoe council (州會) in Taiwan also became decision-making bodies like hyeonhoe council (縣會) in Japan. Also, buhoe council (府會) in Korea and sihoe council (市會) in Taiwan also became decision-making bodies like hukai council (府會) in Japan. However, while Japan’s machikai and murakai council (町村會) was a decision-making body, Korea’s euphoe (邑會) was a decision-making body and myeonhyeopuihoe (面協議會) was an advisory body, and Taiwan’s jie and zhuang council (街·庄協議會) was also an advisory body.
<The Educational Activities of Shidehara in Colonial JoseonㆍTaiwan>
Observations of the characteristics of educational activities focusing on Shidehara’s theory of assimilation education in colonial Korea and Taiwan show that first, Shidehara, who made relevant observations of Korean and Taiwanese education in relation to Western colonies, was confident that colonial education was being conducted more smoothly in Joseon and Taiwan than in the West.
Second, both Joseon and Taiwan conducted Japan-oriented education in their actual educational practices and this was prioritized over colonial resident education. This signified that Shidehara demanded that the Japanese who gained suzerain state positions in Joseon and Taiwan possess leadership qualities while having the people of Joseon and Taiwan staying in positions of the colonized.
Third, Shidehara acted as an executor in the name of culture construction and educational development in Joseon and Taiwan. He spread Japanese culture in Joseon through Japanese language distribution and textbook compilations and in Taiwan, he viewed Taiwan to be fitting for the research and examination of the South Sea needed for Japanese culture propagation.
Fourth, the localism of Shidehara states that the colonial situations of Joseon and Taiwan should be taken into consideration and utilized in colonial rule.
<Comparative Research on History Textbooks between the colonies of Joseon and Taiwan-Focusing on “Korean History for Primary Schools” and “Japanese History for Public Schools” >
According to Joseon’s 2nd educational ordinance in 1922 and Taiwan’s new educational ordinance, colonies Joseon and Taiwan compiled 『Korean History for Primary Schools』 and 『Japanese History for Public Schools』. The key principle of history education in colonies was identically found as Japanese history was taught to allow the people to know ‘the gist of the political system in the state’ and also cultivate ‘the national spirit’. Although in Taiwan, only Japanese history was taught, not Taiwanese history, in Joseon, both Japanese history and a little amount of Joseon history were taught to stress close exchange and racial intimacy between Japan and Joseon.
The two colonies’ textbooks were both intended to make the people into subjects obeying the Japanese Emperor, and it was because it formed subject matters used to strengthen modern Japanese Emperor-oriented ideology.
In empire Japan’s colonial education policy, they emphasized foreign intrusion over either Joseon or Taiwan in history through the textbooks and stressed the fact that the two countries could not miss to be colonized by Japan. With this intention, they thought education on Japan’s ethnic superiority and beneficial roles importantly.