대한제국과 대한민국 임시정부의 헌법사적 관계와 그 의미

The Korean Empire is connected with the Provisional Government of the Republic of Korea in a constitutional history. In 1907, when the Japanese forced Gojong to abdicate and disbanded the troops of the Korean Empire, the Righteous Army arose and waged an all-out war with the Japanese army. This has never been attempted by the Korean Empire’s armies, and the war between the Korean Empire and Japan began. In particular, the ‘Creativity Army in 13 provinces’, created by the Righteous armies captains, insisted that they are a fighting organization under public international law while developing an operation to conquer Seoul. At this time, the medical soldiers and the Korean people recognized the War in the Righteous Army since 1907 as an international war between the Korean Empire and Japanese army. The Righteous armies who were no longer able to work in the country due to the Japanese repression were scattered to Manchuria and Russian Maritime Territory, and there were no more forces left to resist Japan. The Righteous armies within the Russian territory united into one, forming the ‘Righteous Army in 13 provinces’ in 1910. With the formation of the ‘Righteous Army in 13 provinces’, the Righteous Army and the patriotic enlightenment movements, which had different tactics in the anti-Japanese struggle, finally established a united front. The ‘Righteous Army in 13 provinces’ requested Gojong to asylum in the Russian Maritime Territory, and Gojong was also willing to exile, but Gojong’s exile was not realized. However, the plan of the Maritime Government in exile was realized without Gojong with the establishment of the ‘Korean Liberation Army Government’ in 1914. When the ‘Korean Liberation Army Government’ was dismantled due to Russian oppression, some of its main figures moved to Shanghai and formed the Shinhan Revolutionary Party in 1915 with independence activists there, to elect Gojong as party leader and to exile Gojong to establish an exile government. However, it was discovered by Japanese and failed. Since then, due to the changes in the world situation and the deaths of the main figures of the monarchist, in 1917 there was the ‘declaration of unity in the Great East’ to establish a provisional government based on the principle of national sovereignty. In 1918, Gojong tried to set up an exile government in exile to Beijing, but his death did not make it happen. However, through the March 1st Revolution in 1919, a provisional government of the Republic of Korea was established in Shanghai, gathering the will of the Korean people. Since then, the Provisional Government of the Republic of Korea has engaged in active military and diplomatic activities to the extent possible as an exile government. These activities were recognized by the Allied Forces, and the Republic of Korea became independent with the surrender of Japanese in 1945, and by enacting the constitution and establishing a government in 1948, the Republic of Korea stood tall as a whole country. As such, the provisional government of the Republic of Korea succeeded the Korean Empire and fulfilled its role as a link that connects it to the Republic of Korea. In particular, the constitutional historical attempts and efforts leading up to the establishment of the provisional government of the Republic of Korea were made in the course of the Korean Empire’s war with Japan, and the existence and activities of the provisional government of the Republic of Korea clearly show the identity of the Korean Empire and the Republic of Korea.