일본의 ‘尖閣諸島’(釣魚島) 편입 배경과 과정

Japan insists that Senkaku Islands/Diaoyudao are under the valid control of Japan and are clearly an inherent part of Japan’s territory in light of historical facts and based upon international law. However, China, which says Japan illegally took control of Chinese territory, demands the reversion of Diaoyudao. Like this, the dispute over Senkaku Islands/Diaoyudao between China and Japan is similar to the issue between Korea and Japan over Dokdo. But Korea didn’t investigate in detail the process of Japan’s incorporation of Senkaku Islands. Therefore this article analyzes the basis and the logic upon which Japan has dominated Senkaku Islands by using Japanese primary sources. In September 1885, the Japanese Governor of Okinawa Prefecture, Nishimura Sutezo, petitioned for a cautious implementation of incorporating Senkaku Islands(Uotsuri-jima) to Okinawa Prefecture because it’s possible that they had been under the control of China’s Qing Dynasty based on the unofficial order of Yamagata Aritomo, the Minister of the Interior. This fact conflicts with the Japanese argument that after Japanese entrepreneur Koga Tatsushirou explored Senkaku Islands in 1884, he asked Okinawa Prefecture to lease the islands and the Interior ordered Prefecture Government to probe Senkaku Islands in 1885. Therefore Koga’s request was a justification for dominating Senkaku Islands and the real intention of the unofficial order was incorporating Senkaku Islands for military and political reasons. Yamagata accepted Nishimura’s petition to Japanese advantage and enforced incorporation of Senkaku Islands. But since this could cause conflicts with Qing, Yamagata sought advice on this to Inoue Kaoru, the Japanese Minister of Foreign Affairs. Inoue was concerned that if Japan proceeded to erect a marker stating its claim to the islands, it would arouse the suspicion of the Qing. Therefore he suggested that they survey the islands and postponed the incorporation. He didn’t oppose the incorporation of Senkaku Islands but rather delayed its time. Accordingly, Nishimura ordered Ishizawa Heigo to survey Senkaku Islands in October 1885. Six people including Ishizawa were the surveyors who had probed Daitou-jima by Nishimura’s command and the Interior’s unofficial order in August 1885. This fact shows that survey of Senkaku Islands was very thoroughly planned as an extension of Daitou-jima survey. Ishizawa reported that he regarded Senkaku Islands as terra nullius like Daitou-jima and planned colonization of it. Based on Ishizawa’s report. Nishimura suggested on November 5th the erection of the marker and the controlling of the islands. On November 24th, 1885, however, Nishimura submitted another petition that requested the reconsideration of erecting the marker because of relationship with Qing. He wouldn’t have reversed the petition he submitted 20 days ago on his own, without orders. This article assumes that Yamagata who accepted Inoue’s opinion ordered Nishimura to adjust the former one. In December 1885, Yamagata and Inoue decided to postpone the erection of the marker based on the latter petition. Meanwhile in 1890 and 1893, Governor of Okinawa Prefecture petitioned that Japan should take control of Senkaku Islands based on the order of December 1885. Since both petitions were based on the former, Governor of Okinawa Prefecture’s petition just suggested that Senkaku Islands should be under the control of Japan for fishing regulations and this totally excluded the possibility that Senkaku Islands would be under the control of Qing. In April 1894 the Interior reminded Governor of Okinawa Prefecture of postponing in 1885 and commanded him to find detailed basis of taking control of the islands. However in May 1895, Governor of Okinawa Prefecture reported that they didn’t survey Senkaku Islands since their last survey in 1885 and had no historical basis that Japan had took control of Senkaku Islands. Therefore the Interior couldn’t force the incorporation of the islands only to regulate fishing. Around the Sino-Japanese War, Okinawa Prefecture, Ministry of the Interior and Ministry of the Agriculture and Commerce also dismissed Koga’s colonizing plan because they couldn’t judge whether the islands were under Japanese control or not. Japanese government still stuck to suspend the incorporation of Senkaku Islands. In December 1894, Japan decided to accept the petition of Governor of Okinawa Prefecture in 1893 based on the noticeable difference between 1885 and 1894 and finally incorporated Senkaku Islands under the administration of Okinawa. In that time, Japan won consecutive victories during the Sino-Japanese War and Qing wasn’t aware of Japan’s act. Even if Qing knew that, Qing couldn’t complain or fight against Japan. Therefore, there isn’t a noticeable difference found between the two periods except the victories of the Sino-Japanese War. Nowadays Japanese government maintains the basic view that Senkaku Islands have continuously been an integral part of the territory of Japan historically and through surveys of the Senkaku Islands from 1885 by the Okinawa Prefecture and by way of other methods, it was confirmed that the Senkaku Islands had been uninhabited and showed no trace of having been under the control of the Qing. But this conflicts with the historical fact that Governor of Okinawa Prefecture reported that they didn’t survey Senkaku islands after 1885 and they had no historical evidence that Senkaku islands belonged to Japan. The current view of Japanese government that it made a Cabinet Decision on 14 January 1895 to erect a marker on the Islands to formally incorporate Senkaku Islands into the territory of Japan also should be reconsidered. It was May 1969 when Okinawa Prefecture built the marker in Senkaku islands and it’s not clear when the islands were under the administration of Okinawa. Futhermore, Japan insists that the islands were under the administration of Okinawa based on Imperial Edict No. 13 in 1896, but this edict didn’t specify not only the name but location of Senkaku Islands. Because even public announcement wasn’t enforced in domestic law, the incorporation couldn’t be valid even upon the logic of occupation of terra nullius under international law.