[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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446 [Vol. 21 No. 1] TABLE OF CONTENTS ACTA KOREANA 2018.06.15 839
445 [Vol. 21 No. 1] EDITOR'S NOTE MICHAEL C. E. FINCH 2018.06.15 345
444 [Vol. 21 No. 1] THE SILK ROAD AND KOREA-MIDDLE EAST CULTURAL CONNECTIONS: GUEST EDITOR’S INTRODUCTION LEE HEE SOO 2018.06.15 440
443 [Vol. 21 No. 1] EVALUATION OF KŪSHNĀMA AS A HISTORICAL SOURCE IN REGARD TO DESCRIPTIONS OF BASĪLĀ LEE HEE SOO 2018.06.15 339
442 [Vol. 21 No. 1] POSSIBLE CONNECTIONS BETWEEN HISTORICAL EVENTS AND THE PLOTS OF IRANIAN PRINCES EXILED IN CHĪN AND B.SĪLĀ DEPICTED IN KŪSHNĀMA LIU YINGJUN 2018.06.15 319
441 [Vol. 21 No. 1] GEOGRAPHICAL LOCATION OF SILLĀ IN MUSLIM ASTRONOMICAL LITERATURE OF THE THIRTEENTH TO SIXTEENTH CENTURIES CE MOHAMMAD BAGHER VOSOOGHI 2018.06.15 281
440 [Vol. 21 No. 1] KOREA AND THE MING TRIBUTE SYSTEM IN KHATAYI’S BOOK OF CHINA KAVEH HEMMAT 2018.06.15 316
439 [Vol. 21 No. 1] KEYHOLE-SHAPED TOMBS IN THE YŎNGSAN RIVER BASIN: A REFLECTION OF PAEKCHE-YAMATO RELATIONS IN THE LATE FIFTH– EARLY SIXTH CENTURY DENNIS LEE 2018.06.15 313
438 [Vol. 21 No. 1] BESIEGED ON A FROZEN MOUNTAIN TOP: OPPOSING RECORDS FROM THE QING INVASION OF CHOSŎN, 1636–1637 THOMAS QUARTERMAIN 2018.06.15 338
437 [Vol. 21 No. 1] MING LOYALIST FAMILIES AND THE CHANGING MEANINGS OF CHOJONG’AM IN EARLY NINETEENTH-CENTURY CHOSŎN HAN SEUNGHYUN 2018.06.15 364
436 [Vol. 21 No. 1] MODIFYING THE HAGUE CONVENTION?US MILITARY OCCUPATION OF KOREA AND JAPANESE RELIGIOUS PROPERTY IN KOREA,1945–1948 AN JONG-CHOL 2018.06.15 312
435 [Vol. 21 No. 1] AN INVESTIGATION INTO A NINETEENTH-CENTURY PRIMER FROM CHOSŎN SONG YUNWOO 2018.06.15 308
434 [Vol. 21 No. 1] CLAIMING COLONIAL MASCULINITY: SEX AND ROMANCE WITH JAPANESE WOMEN IN CH’AE MANSIK’S COLONIAL FICTION KIM SU YUN 2018.06.15 366
433 [Vol. 21 No. 1] SHIFTS IN CHARACTERIZATION IN LITERARY TRANSLATION: REPRESENTATION OF THE “I”-PROTAGONIST OF YI SANG’S WINGS LEE SANG BIN 2018.06.15 1524
432 [Vol. 21 No. 1] KIM SŬNG-OK’S LITERARY RESPONSE TO PAK CHŎNG-HŬI’S RE-MAKING OF KOREAN SOCIETY STEVEN CAPENER 2018.06.15 344
431 [Vol. 21 No. 1] LITERATURE IN TRANSLATION: THE STORY OF CHANGHWA AND HONGNYŎN Translated by FRANKLIN RAUSCH with GILLIEAN LEE and SUJIN LEE 2018.06.15 375
430 [Vol. 21 No. 1] BOOK REVIEWS ACTA KOREANA 2018.06.15 313