[Vol. 21 No. 1] MODIFYING THE HAGUE CONVENTION?US MILITARY OCCUPATION OF KOREA AND JAPANESE RELIGIOUS PROPERTY IN KOREA,1945–1948

Title
Title MODIFYING THE HAGUE CONVENTION? US MILITARY OCCUPATION OF KOREA AND JAPANESE RELIGIOUS PROPERTY IN KOREA,1945–1948
Author
Author

An Jong Chol

Volume

Vol. 21 No. 1

Pages

pp. 205~229 (all 25 pages) 

Publication Date

2018.06.15

Keyword

US Army Military Government in Korea (USAMGIK), Shinto shrine, Hague Convention, Hague Regulations, Ernst Fraenkel, cy pres principle

Abstract

After World War II, the United States established the US Army Government in Korea (USAMGIK, 1945–48) in South Korea, and tried to justify its military occupation by international law, particularly the Hague Convention IV (1907). The Convention stipulates an occupant’s right to take all the measures necessary to restore public order and safety and his or her duty to respect the indigenous law. Considering the changed situation during World War II, however, where the military institutions of the Axis Powers drove their aggression into other countries, it was inevitable that the Allied Powers would modify the convention to apply it to the occupied countries. Since Japanese public or private property comprised the most wealth in colonial Korea, one of the key issues that USAMGIK faced in liberated Korea was how to handle former Japanese property, ultimately culminating in the confiscation of all Japanese property into the possession of USAMGIK. Thus, this article expounds this thorny issue by dealing with the rationale of this change of the international law, specifically a religious one, with the cy pres (as near as possible) principle, a category that USAMGIK handled with discretion compared to commercial or government property. Consequently, this article shows that USAMGIK ultimately facilitated a close relationship between Christianity and the state in post-war Korean society.

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462 [Vol. 21 No. 2] TABLE OF CONTENTS ACTA KOREANA 2018.12.15 1201
461 [Vol. 21 No. 2] EDITOR'S NOTE ACTA KOREANA 2018.12.15 847
460 [Vol. 21 No. 2] GUEST EDITOR’S NOTE: THE INSIDERS AND OUTSIDERS OF KOREAN CULTURE OLGA FEDORENKO 2018.12.15 968
459 [Vol. 21 No. 2] WORSHIPING THE GODDESSES OF P’ALBONG MOUNTAIN: REGIONAL VARIATION, AUTHENTICITY, AND TRADITION CLARK W. SORENSEN 2018.12.15 827
458 [Vol. 21 No. 2] AT THE GATES OF BABEL: THE GLOBALIZATION OF KOREAN LITERATURE AS WORLD LITERATURE JENNY WANG MEDINA 2018.12.15 855
457 [Vol. 21 No. 2] EVERYWHERE AND NOWHERE: AN ETHNOMUSICOLOGIST LIVING AND WORKING IN KOREA HILARY VANESSA FINCHUM-SUNG 2018.12.15 816
456 [Vol. 21 No. 2] NO FRAME TO FIT IT ALL: AN AUTOETHNOGRAPHY ON TEACHING UNDERGRADUATE KOREAN STUDIES, ON AND OFF THE PENINSULA CEDARBOUGH T. SAEJI 2018.12.15 832
455 [Vol. 21 No. 2] TREE MOTIFS IN SEVENTH-CENTURY SILLA STELES KIM SUNKYUNG 2018.12.15 821
454 [Vol. 21 No. 2] BETWEEN MORALITY AND CRIME: FILIAL DAUGHTERS AND VENGEFUL VIOLENCE IN EIGHTEENTH-CENTURY KOREA KIM JUNGWON 2018.12.15 905
453 [Vol. 21 No.2] NEW TRENDS IN COMMENTARY ON THE CONFUCIAN CLASSICS: CHARACTERISTICS, DIFFERENCES, AND SIGNIFICANCE OF RHETORICALLY ORIENTED EXEGESES OF THE MENGZI YOU MINJUNG 2018.12.15 864
452 [Vol. 21 No.2] RESEMBLING THE OPPONENT: NATIONALIST AND COLONIALIST HISTORIOGRAPHIES IN MODERN KOREA SHIN SEUNGYOP 2018.12.15 803
451 [Vol. 21 No. 2] THE GENEALOGY OF KOREAN MODERNISM IN POETRY: FOCUS ON TRANSLATIONS OF W. B. YEATS KIM HANSUNG AND CHOI JUNGA 2018.12.15 811
450 [Vol. 21 No. 2] TRANSLATION: YU SORANG CHŎN TRANSLATED BY CHO SOOKJA 2018.12.15 790
449 [Vol. 21 No. 2] TRANSLATION: SELECTED POEMS BY YI TAL TRANSLATED BY CHRISTINA HAN AND WING S. CHU 2018.12.15 789
448 [Vol. 21 No. 2] BOOK REVIEWS: THE FORESIGHT OF DARK KNOWING: CHŎNG KAM NOK AND INSURRECTIONARY PROGNOSTICATION IN PRE-MODERN KOREA BY JOHN JORGENSEN DON BAKER 2018.12.15 769
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