러일전쟁 종전 120주년의 의미와 한･일 관계에 관한 국제법적 고찰

In the period of 1904 to 1910, the individual states emphasized their interests in international relations rather than community interests. In this respect, the international relations during the Russo-Japanese War were based on much stronger reciprocity than it is now. Since 1876, Japan and Josen/Korea have interacted with each other as sovereign states. During the Russo-Japanese War of 1904-1905, the government of the Empire of Korea could not exercise effective authority within its territory. The Korean government did not have the authority to prevent and control armed conflicts between Japan and Russia in its territory after February 1904. After 1910, the Korean government completely disappeared, and the Japanese Government-General of Josen effectively ruled the Korean territory. Japan regarded Korea as a spoil of the Russo-Japanese War. This year marks the 120th anniversary. The Korean issue was an important reason for the outbreak of the Sino-Japanese War in 1894, but in 1904 it became a matter of global interest. Often, it is said that during this period, sovereign states had the right to use force against other sovereign states. However, from the mid-17th century, states developed it as the basic principle of international relations not to interfere with the internal affairs of other states and not to change their territories without justification. For decades, war was a kind of agreement in international relations. Unless it was officially declared, the use of force by a state was only accepted as a self-defense. This principle was already established as international law after the Caroline incident between the United States and the Great Britain in 1837. In addition, states that were not at war were obligated to be neutral in the event of an armed conflict. It was required under international law that belligerents did not attack neutral states. It is said that Japan formed an alliance with Korea in February 1904 or a protective relationship in November 1905, but it was annexed in August 1910. After all, Japan carried out a war against Russia to conquer Korea, which was a neutral state. From January 1904 to August 1945, Japan invaded and occupied Korea. Under the Hague Convention in 1899, the occupying authorities must respect the legal system that is effective in the occupied territories, but Japan maintained and exercised various practices in Korea to secure its interests. Various measures implemented with the intention of acquiring territory after the occupation starting from 1904. The 1904-1905 Russo-Japanese War had a great influence on the relations between Korea and Japan since then. The evaluation of international law related to the 1904-1905 Russo-Japanese War will be dealt with in a wider variety not only now but also in the future.