유두종증을 동반하지 않은 융합성 망상 유두종증

이시현 ( See Hyun Lee ),안지영 ( Ji Young Ahn ),박미연 ( Mi Youn Park ) 대한피부과학회 2011 대한피부과학회지 Vol.49 No.11

Confluent and reticulated papillomatosis (CRP) was first described as a relatively rare dermatosis. CRP is characterized by slightly hyperkeratotic pigmented papules that are confluent in the center and reticulated at the periphery, located on the neck, abdomen, intermammary, and interscapular regions. Histopathologically, lesions typically reveal orthohyperkeratosis, papillomatosis, and focal acanthosis. A 20-year-old man presented with a 2-year history of slightly pruritic lesions on the chest, abdomen, back, and upper extremities. The lesions were brownish papules and plaques in a reticulated and coalescing pattern. Histologically, a basket-weave pattern of orthohyperkeratosis and mild acanthosis were seen. However, there was no significant papillomatosis, even in multiple sections. Periodic acid Schiff stain was negative for fungi. The patient was treated with doxycycline, 200 mg daily, for 4 weeks. The lesions completely resolved and did not recur during 12 months of follow-up. We report a rare case of CRP without papillomatosis. (Korean J Dermatol 2011;49(11):1010∼1013)

시각 이미지에는 있으나 언어에는 없는 것

김남시(Kim, Nam-see) 한국시학회 2016 한국시학연구 Vol.- No.48

본 논문은 이미지 연구에서 제기된 문제의식을 시 텍스트 해석에 적용, 새로운 시적 이미지 연구방법론을 모색하려는 문학계의 논의에 대한 시론적 제언이다. 그간의 이미지 연구는 주로 시각적 이미지를 대상으로 하는 바, 그를 문학 이미지 연구에 적용하기 위해서는 무엇보다 언어를 통해 구성되는 ‘시적 이미지’와 ‘시각적 이미지’의 차이와 개념을 명확히 해야 할 것이라고 여겨진다. 그를 위해 본 논문은 시각적 이미지와 언어적 텍스트의 차이에 대한 이론들을 고찰한다. 무엇보다 시각적 이미지는 묘사하는 대상의 디테일들을 한눈에 파악할 수 있도록 담고 있다는 점에서 텍스트와 구별된다. 회화와 문학 사이의 경계를 긋고자 하는 레싱에 의하면, 문학은 시간 속에서 이루어지는 행위의 서술하는 데 더 적합하며, 미술은 공간 속에 있는 물체들을 묘사하는 데 더 적합하다. 이는 선행적이고 연속적인 언어와 즉각적이고 병렬적인 시각 이미지의 매체적 특성에서 기인한다. 많은 경우 회화 속 특정 디테일은, 화가의 의식적인 작화 행위의 영역에서 벗어나 그의 습관적, 무의지적 특성을 보여줄 수도 있다. 모렐리는 이를 위작 판별법의 출발점으로 삼았다. 사진을 ‘코드 없는 메시지’라고 정의한 롤랑 바르트는 사진 이미지 속에 언어로는 포섭되지 않는 지점(푼크툼, 무딘 의미)이 존재하고 있음을 주장한다. 매체이론가 키틀러는 문학이 언어를 매개로 감각정보를 기록하고 전송하는 기능을 해왔으며, 이는 사진이나 영화 같은 기술적 매체의 등장과 더불어 그 유효성을 상실했다고 진단한다. 이러한 이론들은 문학적 이미지와 시각 매체들이 생산하는 이미지의 개념 및 그 차이에 대한 본질적인 물음을 제기한다. This paper aims to be a suggestion for the discussion of the poetic image raised by literary scholars, who try to apply the theorem of visual image studies to poetic image. Because the image studies hitherto dealt with visual images, it is unavoidable to make clear the difference and concept between ‘poetic image’ and ‘visual image’. For this purpose, this paper examines the theories about the difference between visual images and linguistic texts. Above all, the visual image is distinguished from the text in that it contains the details of the objects to be depicted. According to Lessing, who wants to draw the line between painting and literature, literature is better suited to describe the actions that take place in time, and art is better suited to describe objects in space. This is due to the continuity, the medial characteristics of language, which results in different way of perception in poetry and paintings. In many cases, the specific details in the painting may reveal the habitual and unintentional traces, escaping from the artist’s consciousness of painting. Morelli set this as a starting point for a method of discerning the forgery from the original. Roland Barthes, who defines photographs as ‘codeless messages’, argues that in the photographic image there is a point that does not get involved in the language (punctum). The media theorist Kittler noticed that the literature has functioned as a instrument to record and transmit sensory information by language, which, in conjunction with the emergence of technical media such as photography and cinema, has lost its validity. These theories raise the questions of the concept of poetic images and images produced by visual mediums, which must be further clarified.

기획논문: "한국영화 7선": 2015년 한국영화를 말하다 : 장률 감독의 <경주>: 트랜스-로컬 시네마 삼부작의 완성

김시무 ( See Moo Kim ) 한양대학교 현대영화연구소 2015 현대영화연구 Vol.11 No.1

장률 감독의 <경주>(2014)는 그가 <이리>(2008)이후 한국의 지명(地名)을 제목으로 삼은 두 번째 영화다. 영화는 북경대학교 교수로 재직하고 있는 최현(박해일)이 사망한 김창희 선배의 빈소를 찾아 대구공항에 오는 것으로 시작한다. 이후 최현은 7년 전 선배들과 여행을 했던 경주로 간다. 그리하여 최현은 경주의 전통 찻집에서 미모의 여주인인 공윤희(신민아)를 만난다. 그는 그녀에게 벽에 있었던 춘화의 소재에 대하여 질문한다. 두 사람은 서로에게 호감을 갖고 윤희는 최현에게 계모임에 합석할 것을 권한다. 음식점에서 최현은 박교수, 이형사, 플로리스트 강 등 윤희의 지인들과 만나서 즐거운 시간을 보낸다. 한편 최현은 박교수와 남북정치 문제로 언쟁을 벌이기도 한다. 그날 밤 최현은 윤희의 집에서 묵게 되지만 서로에 대한 애정 어린 관심에도 불구하고, 둘 사이에 불륜은 없다. 최현은 새벽에 윤희의 집을 떠나고, 윤희는 최현이 그토록 찾고 싶어 했던 춘화를 보기 위해서 찻집의 벽지를 뜯어낸다. 마침내 모습을 드러낸 문제의 그림은 젊은 남녀가 좌식 체위로 성관계를 맺는 춘화였다. 영화 <경주>는 삶과 죽음이 공존하는 도시인 경주를 배경으로 한 사랑이야기이다. 또한 이 영화는 그러한 설정을 통해서 전쟁의 위협과 평화가 상존하는 한반도의 정세를 은유적으로 묘사하고 있다. Gyeongju (2014) of Director Zhang Lu is the second film named after Korean city since the film Iri (2008). The film begins with the arrival of Choi Hyun (Park Hae-il), who served as a professor at Peking University, in Daegu Airport to visit the mortuary of the deceased senior Kim, Chang Hee. And then, Choi Hyun goes to Tourist town Gyeongju which he has traveled with his seniors 7 years before. Choi Hyun meets Gong Yoon-hee (Shin Min Ah), the beautiful hostess of the traditional tea house in there. He asked about the whereabouts of her pornography was on the wall. The two people have a friendly feeling toward each other, and Yoon-hee recommend to Choi Hyun that he join us in social meeting. In a Korean restaurant, Choi Hyun nice to spend a good time with friends of Yoon-hee. Dayeon, Professor Park, Detective Lee, and Florist Gang etc. And there Choi Hyun is arguing with Professor Park about a north-south political issues. That night Choi Hyun spend the night at the home of Yoon-hee, but there was no affair between them despite the interest in each other. Choi Hyun left the house of Yoon-hee in the early morning, Yoon-hee tore up the wallpaper of the traditional tea house looking for pornography which Choi Hyun wanted so much to see. The picture of the problem was pornographic in young man and woman entering into sex positions. The film Gyeongju is dealing with the love story in the background of a city in which the life and death coexisted, because there are many tombs. Through these settings, this film describes the situation on the Korean Peninsula to the lingering threat of war and peace metaphorically.

PHOTOMETRIC OBSERVATIONS OF BW VUL

Jung, Jae-Hoon,Lee, See-Woo The Korean Astronomical Society 1985 Journal of The Korean Astronomical Society Vol.18 No.1

We present the data of photoelectric photometric observations of BW Vul carried out for four nights during the period of $1982{\sim}1984$. The light curves with asymmetric shape show a stillstand on the ascending branch at phase of ${\phi}{\approx}0.85$ just before the maximum light, and also the ampitude and shape of light curves are changed from night to night. Using all the published data, a new ephemeris of maximum time is derived, in which the period of light variation is $P=0^d.20102977$ and its increasing rate is 2.2 see/century.

Writing for a Community of Suffering in E. L. Doctorow`s The Book of Daniel

( Seen Hwa Jeon ) 영미문학연구회 2015 영미문학연구 Vol.28 No.-

The Book of Daniel, E. L. Doctorow``s novel based on the actual Rosenberg case, interweaves history and fiction in a self-conscious attempt to revisit the controversial past. The novel is literally the book of Daniel-the novel``s narrator and protagonist Daniel writing his own story/history, revisiting his traumatic past to figure QUI what was and is the truth in the case of his parents. Through the novel``s layered narrative, Doctorow puts forth the issue of historical truth as involving the question of perception painted by cultural assumptions. This paper examines the novel``s narrative issues in terms of Daniel``s struggle to resist the official narrative of history and to reclaim the legacy of the lsaacsons while trying to write for a community of suffering. For Daniel, writing is a process of learning to hold out against a life whose paths are already classified and deternined no matter what actions he makes. While resisting such a deterninistic view of history. he is also critical of what Disneyland represents -the flattened reality of modem consumer society. A "criminal of perception," who sees not just the visible he is supposed or allowed to see but the invisible through ruptures, Daniel recounts his personal and familial stories as part of the history of alienated social classes. In this light, we can say that, although the truth of the lsaacsons``s case remains undecidable as such, Daniel achieves his aim in the process of his quest., the book of Daniel. The words of Daniel are closed up and sealed, but the book, open to the reader of the present and future. will continue to be unsealed. Writing for a Community of Suffering

『주역』 “생생지위역(生生之謂易)”을 통해 본 유가의 사생관 고찰

이시우 ( See Woo Lee ) 한국동서철학회 2010 동서철학연구 Vol.58 No.-

이 논문은 『주역』 ?계사전?의 `生生之謂易’의 문구를 토대로 `生生’의 의미와 구조, 儒家에서의 `생생’의 목표를 고찰하는 것을 목적으로 한다. 지금까지의 연구가 `생생’의 의미를 너무 『주역』의 보편적 문화가치인 `우주 생명의 보편적 순환과 연속’이라는 측면에만 치우쳐 다루다 보니 조화와 균형의 의미로만 해석하였다. 따라서 이 논문은 『주역』에서 강조하는 사물의 생성ㆍ변화ㆍ발전ㆍ소멸이라는 과정 중 대립과 소멸이 또 다른 생성ㆍ성장을 가능케 하는 중요한 순환의 고리가 된다는 점에 주목하여, ‘죽음’이 ‘삶’의 완성이 될 수 있는 근거를 살펴본다. 즉 ‘생생’이 소멸/생성, 음/양, 죽음/삶, 땅/하늘, 달/해, 여자/남자 등등 ‘대립을 통한 생성과 조화’를 특징으로 하는 변증법적 구조로 이루어졌다는 분석을 통해 ‘생생’에 ‘死生’의 계기가 있음을 밝힌다. 지금은 ‘잘 죽는 것’과 관련해 죽음학이 학문적으로 논의되고는 있지만, 그래도 아직까지 특정신앙이 없다면 일반적으로 죽음에 대해 말하는 것은 일종의 금기 또는 삶에 대한 모독으로 여겨지기 십상이다. 이런 이유가 특히 유가적 전통에서 죽음을 기피하고 삶을 중시했던 태도와 무관하지 않다고 말한다. 그러나 이것은 지나친 오해이다. 유가는 죽음을 기피했던 것이 아니라 오히려 삶이 날마다 새로워져 완성되는 계기 속에서 죽음을 열린 관점으로 봤던 것이다. 유가의 사생관은 살아있어도 죽은 삶[의미 없는 삶]이 되지 않도록 하는 것, 다시 말해 제대로 된 삶을 사는 것을 강조한다. 고대 유가 지식인들의 영원과 불멸에 대한 바람은 ‘생생’의 개념 속에 집약되어 있다. 여기서 말하는 영원과 불멸의 바람은 육체적 생명의 연속이 아닌 지성적 삶을 통한 정신적 가치의 영원을 의미한다. 즉 유가는 죽음을 마지막 성장과 영원의 계기로 봤다. 따라서 ‘죽음’이 죽음을 맞이하는 자의 마지막 성장이 된다는 점에서 ‘생생’의 의미 속에 ‘사생’의 의미를 포함하고 있는 것이다. 진리는 본래 변증법적 사고의 소산이므로, 삶과 죽음에 대한 진리 탐구도 마찬가지로 변증법적이다. 삶의 측면에서 죽음을 묻고 조망하고, 죽음의 측면에서 삶의 의미를 묻고 반성을 해야만 삶과 죽음이 모두 유의미한 것으로 인간에게 다가오게 되는 것이다. 죽음의 의미는 죽음 자체만을 이야기해서는 절대 밝혀질 수 없다. 왜냐하면 존재론적으로 죽음은 삶과 궤를 같이 하기 때문이다. 흔히 삶과 죽음이 서로 닮았다고 하는 맥락에서 죽음이 삶의 거울이라고 말하곤 한다. 따라서 죽음의 의미는 삶을 함께 이야기함으로써 드러나고, 또 삶의 소중함을 동시에 이끌어 내는 점에서 의미를 지닌다. The main objects of this study are to find the meaning and structure of Ceaseless Production and to investigate the importance of Ceaseless Production from the Confucianists point of view based on the words products-producing-products is called Yi from Zhouyi. The meaning of Ceaseless Production, until now, has been largely dealt with as a generalized cultural value of Zhouyi, the circulation and continuation of universal life, and usually translated as harmony and balance. This study is an inquiry into the basis for death becoming the completion of life by examining the importance of the cycle of creation, change, development and extinction of life as a link between death and life. In other words, analyzing the dialectic structure of Ceaseless Production that is characterized by `creation and harmony through opposition`, such as extinction/creation, yin/yang, death/life, land/sky, moon/sun, woman/man etc., that reveals `Death and Life` in Ceaseless Production. Thanatology, nowadays, is discussing death academically and scientifically related to `Well-Dying`. However, if there is not a specific religious belief, talking about death is still considered a kind of taboo or defilement of life. For that reason, it is generally thought especially in the Confucian tradition their attitude is to evade death and value life. This is, however, a gross misunderstanding. The Confucianists are rather open-minded and see death in life as being newly completed everyday rather than becoming extinct. Therefore, Death and Life of the Confucianists is not to live without a life (meaningless life), so to speak, live a well worth life. A desire for eternity and immortality of the ancient Confucianists has well integrated into the concept of Ceaseless Production. It means that the desire for eternity and immortality isn`t about the continuing of physical life. It is more mental eternity through intellectual life and seeing death as an opportunity for the last growth of a dying person, Ceaseless Production implies the concept of `Death and Life`. Truth is the product of dialectic thinking, so the quest for truth about life and death also has to be dialectic. A person can only be able to see the significance of life and death by searching for the meaning of life through the perspective of death and vice versa. The meaning of death can not be revealed by death itself because in the ontological point of view death is in the same line with life, i.e. death shares a fate with life. Death is said to be a mirror of life in the context of having similarities between life and death. Therefore, the meaning of death is understood through talking together about life which leads at the same time to valuing the importance of life.

앨프레드 히치콕의 초기 영국영화 연구: "누명쓴 사람"이라는 주제를 다룬 영화들을 중심으로

김시무 ( See Moo Kim ) 부산대학교 영화연구소 2013 아시아영화연구 Vol.6 No.1

본 논문은 앨프레드 히치콕 감독이 만든 초기 영국영화들에 대한 연구이다. 예컨대 <오명>, <이창>, 그리고 <현기증>과 같은 할리우드 영화들이 이룩한 성취는 수많은 평자들에 의해서 인정을 받았던 반면, <하숙인>, <블랙메일>, 그리고 <39계단>과 같은 초기 영국영화들은 이에 합당한 주목을 받지 못했다. 심지어 트뤼포 감독은 히치콕의 경력을 살펴보았을 때, 히치콕이 창조적인 면에서 정점에 오른 것은 미국에 도착한 이후라고 주장하기도 한다. 물론 이에 대해 히치콕 자신은 부정적이다. 그는 자신의 영국 시절을 ‘영화적인 감각을 개발(開發)한 시절’이라 부르고, 할리우드 시절을 ‘아이디어가 개화(開花)한 시절’이라고 부를 것을 제안한다. 한편 로버트 샤일은 히치콕이 영국에서 활동했던 시기를 미국에서 보다 원숙한 작품을 만들기 위한 아마추어의 도제시기였다고 보는 것은 잘못이라고 지적한다. 양 시기 간에 우열은 없다는 것이다. 본 논문에서 연구자는 이 같은 관점에 따라서 히치콕의 초기 영국영화들을 재검토하고 있다. 히치콕은 “영국에서 습득한 기술과 카메라에 대한 감각 및 지식은 할리우드에서도 크게 변한 것이 없다”고 했는데, 이는 전적으로 타당한 말이다. 본 논문에서는 히치콕이 영국에서 만든 다섯 편의 영화들을 분석대상으로 삼고 있는데, 이들의 공통점은 ‘누명쓴 사람(the wrong man)’이라는 테마를 다루고 있다는 점이다. 히치콕이 자신의 세 번째 작품인 <하숙인>에서 처음 도입한 이러한 주제는 영국 최초의 유성영화인 <블랙메일>과 스릴러 영화인 <살인>을 거치면서 변주를 겪었고, <39계단>에 이르러서 정점을 이루었다. 그리고 <영 앤 이노센트>에서 가벼운 톤으로 반복되고 있다. 히치콕은 이밖에도 기술적 측면에서 영국영화를 혁신시키는데 기여를 했는데, <블랙메일>과 <39계단>에서 사용된 사운드와 이미지의 대위법적 병치는 그가 사운드 메커니즘에 정통했음을 잘 말해준다. 그리고 <영 앤 이노센트>에서 사용된 전진 트랙 촬영은 그가 카메라 기법에도 일가견이 있었음을 보여주었다. This paper is the study of the early British films of Hitchcock. Critics usually tend to see Hitchcock`s British period as a kind of youthful apprenticeship period for entering the United States to make his mature works, but it is an error. Hitchcock is already in the UK rose to class was a genius director. A series of films he made in the UK by itself has integrity and originality. Furthermore, since the subject matter and style of his famous also were formed in this case. In this paper, I will look at the films incorporating such themes as the "wrong man". In 1926, Hitchcock`s luck changed with his first thriller, The Lodger: A Story of the London Fog. The film, released in January 1927, was a major commercial and critical success in the United Kingdom. Some commentators regard this piece as the first truly "Hitchcockian" film, incorporating such themes as the "wrong man". In 1929, Hitchcock began work on his tenth film Blackmail. While the film was still in production, the studio, British International Pictures (BIP), decided to convert it to sound. As an early ``talkie``, the film is often cited by film historians as a landmark film, and is often considered to be the first British sound feature film. The story is as follows. Alice White is the daughter of a shopkeeper in London. Her boyfriend, Frank Webber is a Scotland Yard detective. Frank takes Alice out one night, but she has secretly arranged to meet another man(a painter). Later that night Alice agrees to go back to his flat to see his studio. The painter has other ideas and as he tries to rape Alice, she defends herself and kills him with a bread knife. When the body is discovered, Frank is assigned to the case, he quickly determines that Alice is the killer, but so has someone else and blackmail is threatened. Murder! (1930) is the typical thriller. The police find the actress, Diana Baring, near the body of her friend. All the circumstantial proofs seems to point to her and, at the end of the trial, she is condemned. Sir John Menier, a jury member, suspects Diana`s boyfriend, who works as an acrobat wearing a dresses. In 1933, Hitchcock was once again working for Michael Balcon at Gaumont-British Picture Corporation. His first film for the company, The Man Who Knew Too Much (1934), was a success and his second, The 39 Steps (1935), is often considered one of the best films from his early period. The story is as follows. Richard Hannay is a Canadian visitor to London. At the end of "Mr Memory"`s show in a music hall, he meets Annabella Smith who is running away from secret agents. He accepts to hide her in his flat, but in the night she is murdered. Fearing he could be accused on the girl`s murder, Hannay goes on the run to break the spy ring. In film, Young and Innocent (1937), a film actress is murdered by her estranged husband who is jealous of all her young boyfriends. The next day, writer Robert Tisdall (who happens to be one such boyfriend) discovers her body on the beach. He runs to call the police, however, two witnesses think that he is the escaping murderer. Robert is arrested, but owing to a mix up at the courthouse, he escapes and goes on the run with the Chief Constable`s daughter Erica, determined to prove his innocence. This film was released in the title of Girl was Young! in the US.

앨프레드 히치콕의 관음증 삼부작

김시무(Kim See Moo) 한국영화학회 2008 영화연구 Vol.0 No.35

In this thesis I deal the theme of voyeurism in films of Alfred Hitchcock. It is commonly agreed among critics that Alfred Hitchcock is a master of suspense, the premier technician of the classical narrative cinema. According to Andrea Gronemeyer, Hitchcock's idiosyncratic personal style, his detailed psychologizing of the typical thriller motifs, and his masterful manipulation of the filmic technique to produce suspense and surprise became trademarks for the suspense film genre and had considerable impact on the development of the cinema. It can be argued that Hitchcock's 'greatness' comes only from the accident that his recurring obsession with voyeurism is the topic which best meshes with the ontology of the filmgoing experience. It would be agreed among the scholars and critics that Rear Window, Vertigo, and Psycho are seen as a supreme voyeuristic trilogy. The peeping Toms in these films progress through ever - greater distress - from the broken-legged James Stewart with his telephoto lens in Rear Window through the psychotic Anthony Perkins with his motel peephole in Psycho. Stewart's Scotty Ferguson is a kind of peeping Tom in Vertigo, because he eavesdrops the woman named Madeleine whom he was hired to protect and with whom he's fallen in love. In Rear Mndow(1954), Hitchcock explored the theme of voyeurism, applying it both to characters in the narrative and to audiences watching the film. The rear window looks out from a small apartment crowded Greenwich Village, New York City. There a freelancer traveling photographer named L. B. Jeffries (James Stewart) is confined to a wheelchair, his leg immobilized in a heavy plaster cast after a serious injury sustained while on assignment. The action of the film is largely restricted to the apartment of the main character Jeff. He begins to eavesdrop on his neighbors through the windows of their apartments across the courtyard. During the film, the photographer, Jeff, comes to believe that a murder has been committed by one of his neighbors, a salesman named Thorwald (Raymond Burr). In the sequence, Jeff hears a mysterious scream during the night and then sees Thorwald suspiciously going in and out of his apartment, carrying a large suitcase. What are the contents of the suitcase? Of course, they are the dismembered pieces of Thorwald's wife. The limited visual field of a photographer, who observes his neighbor and a murder through his zoom lens from an immovable point, becomes the dominating perspective in Rear Window, and identifies the hero's voyeurism with that of his audience. Vertigo(1958), a complex tale of detection, murder, and madness, was Hitchcock' most intensely personal, romantic, and poetic creation. A former police detective who's developed a pathological fear of heights since being responsible for the fatal fall of a fellow officer, Scotty is institutionalized for a year in the middle of the film after assuming that his 'weakness' prevented him from the suicidal leap of Madeleine. After a year, Scotty has met a woman named Judy who reminds him of his dead love. In Fact, she is the same woman- her fabricated 'death' having been the cover for a man's murder of his wife. Scotty tries to make the woman resemble her previous incarnation. The film ends at the moment of her 'second' death. One of Hitchcock's masterpieces, Psycho(1960), proved to be his most influential. This story of murder, madness, and perversion at a seedy roadside motel was a calculated exercise in audience manipulation in which Hitchcock wanted only to make his viewers scream. He succeeded brilliantly. In the opening camera movement of the film, Hitchcock makes us aware of being voyeurs: the camera in fact does what the moviegoer has just done, as it moves from a bright exterior into a dark room, finds an empty chair, moves over, 'sits' in the chair and looks up - to see half-naked lovers. In Psycho the voyeuristic impulse behind Hitchcock's style is most immediately

한일청구권협정의 국제법적 문제점에 대한 재검토

도시환 ( Doh See-hwan ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.4

Last year marked the centennial of Japan’s forced annexation of Korea. The occasion provided momentum for looking into the embedded causes of Korea-Japan conflicts during modern history and to find a solution to lingering disputes. It also served as a turning point in recognizing the historical task of our times and the call of justice. One of the most notable incidents in the centenary was a statement that the 1910 Annexation Treaty was null and void. The statement was jointly adopted by 1,118 Korean and Japanese intellectuals on July 28, 2010, ahead of the 65th anniversary of Korea’s Aug. 15 liberation from Japan. The statement, initiated by 214 intellectuals on May 10, was based on “historic justice” advocated by the signatories from both countries. However, then-Japanese Prime Minister Naoto Kan issued a statement on Aug. 10 saying that Korea was annexed by Japan against the Korean people’s will. But he said that the annexation treaty was legal. His remarks implied that the treaty might have been problematic on moral grounds, but it was effective from the standpoint of international law. As such, the Japanese government has long maintained a position that the treaty was legitimate. Such a stance was reflected in the 1965 Treaty of Basic Relations between South Korea and Japan which sought to tackle Japanese colonial rule and normalize bilateral ties. The problem is that the 1965 treaty was initialed without considering that the annexation treaty could be declared invalid. The year 2015 will mark the 50th anniversary of the 1965 treaty. However, the Japanese position on the annexation treaty remains a dispute to be settled in order to forge new relations between Korea and Japan. The main purpose of the 1965 treaty was to liquidate the Japanese colonial rule and normalize basic relations between Korea and Japan. The most important agenda was war reparations. Regrettably, the negotiations were not focused on how to compensate for damage inflicted upon Korea by Japan’s colonial rule. Instead, the negotiations put a stress on economic cooperation between the two nations with little regard to “historic justice,” reflecting the U.S.-led global strategy of ensuring security and economic stability amid the Cold War. I want to make three points in the perspective of international law because Japan refused to admit its legal responsibility for the liquidation of the colonial past, apart from moral obligations. The first point is that the negotiations paid little attention to war reparations and compensation for what was seen as illegal occupation and colonial rule based on the forced annexation treaty. Therefore, Japan’s provision of grants and loans to Korea became “independence bounty” or “economic aid.” During the negotiations, Korea could not raise the issue of compensations for Japan’s wartime atrocities such as “comfort women,” or sexual slaves mobilized for frontline Japanese soldiers during World War II. The nation also failed to hold Japan legally responsible for its international crimes. The second point concerns Korean victims’ individual rights to compensation for the damages and their suffering from colonial rule. These rights are a core part of human rights, which individuals cannot forfeit in the face of reparations agreements or diplomatic protection between states. Japan cannot deny the rights on claims for individual compensation through its domestic legislation, e.g. Law No. 144. It is worth noting a draft Convention of Diplomatic Protection adopted by the U.N. International Law Commission in its 58th session in 2006. The draft implied that it is not right to see infringements on human rights vested in individuals as the violation of rights of their state. The draft could bring a significant change in the traditional understanding of diplomatic protection that has led to the sacrifice of individual rights for the sake of nations. In this connection, the Constitutional Court of Korea made a landmark ruling on August 30, 2011 that it is the government’s duty to settle disputes over Japan’s refusal to compensate former “comfort women.” The decision carries significant implications as the court has expanded the scope of state obligations to better protect the basic rights of the people. We would like to establish correct history and seek reconciliation with Japan over this painful history. This task is part of resolving the remaining problem after the centennial of the annexation and before the 2015 observance of the golden jubilee of the normalization treaty. The Japanese government should realize that denial of its disgraced history of colonialism and militarism is tantamount to the negation of “historic justice” and the rejection of peace. It should join efforts to settle the fundamental problem of historical conflicts between the two neighbors in order to promote peace and co-prosperity in East Asia in the 21st century. We hope that 2015 will be a year that brings genuine reconciliation between Korea and Japan.

1910년 ‘한·일병합조약’의 국제법적 재조명

도시환 ( Doh See-hwan ) 한국외국어대학교 법학연구소 2010 외법논집 Vol.34 No.1

The year 2010 is marking the centennial of Japan's forced annexation of Korea. Japan has claimed that the Korea-Japan Annexation Treaty of 1910 was legally and morally valid. Or, it has made a far-fetched argument that the treaty was, at least, legal, even though it was seen as lacking in moral validity. It is a task of historical importance as well as a call for justice to get a glimpse of the true nature of the ongoing conflict between Korea and Japan over the shameful modern history ahead of the 100th anniversary of the annexation treaty. In the 21st century, the two countries need to work together to contribute to peace and prosperity in Northeast Asia through mutual understanding and cooperation. For this, they should first overcome the painful legacy of the 20th century and their dark history. But the deep-rooted memories of aggression and the scars of plunder and exploitation still remain a barrier to a better future for co-existence and co-prosperity. It goes without saying that Japan's coerced annexation of Korea is the root cause of the conflict over history. This conflict is the vestiges of Japan's imperialism and aggression that should be eliminated. The pending historical issue confronting the two countries stems from the annexation. In judgment the effect of the Korea-Japan forcible annexation in 1910 as a historical event from the perspective of international law, we can divide it into the following three opinions based on reviews based on the relations between legality and legitimacy. First, legality theory beors the position held by then Japan, which claims that the annexation was for the sake of Oriental peace without the p and legal problems, asserting the treaty was made under a due process based on free will and equalon heSecond, the vsiti but un but theory roces view held by the majority of scholarocend polonicians in Japan todayheIt claims that the treaty of annexation was not prohibited by the then positive lawheLastly, Korean and conscientious Japanese scholarocessert the treaty failed to have legal requirementscondit was made in forcible means without permit from then emperor. According to this, legality and legitimacy should not be separated in the assessment of Japan's annexation of Korea. Legitimacy is a basic prerequisite and a common value that should be met to fulfill the legality and therefore must be considered together when assessing an international act or event from the legal point of view. Nevertheless, what matters is that majority of Japanese relevant figures see this as separable. First, Article 2 of the Treaty on the Basic Relations between Korea and Japan stipulates that “All treaties and agreements made between the Empire of Korea and the Empire of Japan are confirmed as null and void already.” With regard to the ‘void’ period, the government of Japan claims that old treaties and agreements were made in both legality and validity until the 15th of August in 1948. However, the article can be reasonably understood as to mean and confirm that the past annexation was retroactively invalid, because ‘void’ was used instead of ‘voidable’ when selecting the legal terms. Second, the treaty failed to fulfill the requirements for the validity of an international treaty according to the international law for the following reasons: Japanese demonstration of its military power and threatening up to the point of annexation of Korea, coerced conclusion of a treaty, omission of Korean emperor’s signature and seal on the original treaty document and non-existence of the ratification of the treaty. Third, an absolutely invalid treaty in its essence can not be changed in the status of its validity by the approval of a third party country. Therefore, approval of the annexation by a third party country can not create any legal effect at all. Fourth, with regard to the ‘Intertemporales Recht’ which is claimed by Japan as a reference for legal judgment, it was commonly said even at that time that a treaty without a commission of full powers or ratification was invalid when we analyzed the forms and procedures for concluding a treaty explained in well-known introductory books on international law in 1910 such as L. Oppenheim and Ariga Nagao. Fifth, even though Japan claims legality of the treaties, colonization through annexation is an international crime against peace and humanity, infringing the rights to live peacefully, from the viewpoint of ‘lex ferenda.’ Now we are seeking to establish the right history and promote historical reconciliation as the centennial of Japan's forced annexation and colonization of Korea approaches. Japan's colonial rule in Korea was illegal because it was made possible due to the invalid annexation treaty. As such, the conscription of young Koreans was illegal. Besides, the mobilization of comfort women was the violation of jus cogens, as a peremptory norm of general international law. Japan should recognize that its denial of disgraced history is tantamount to a negation of justice and a refusal of peace. The Tokyo government ought to resolve the history conflict by respecting the universal values of justice and conscience. Only after that can Japan truly become a peace-loving member of the international community.