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The preamble of the Constitution lies at the root of South Korea's anti - Japanese sentiment.The reason for affirming anti - Japanese sentiment and excluding pro - Japanese sentiments is found in the

2021-11-03  Category:South Korea

The preamble of the Constitution lies at the root of South Korea's anti - Japanese sentiment.The reason for affirming anti - Japanese sentiment and excluding pro - Japanese sentiments is found in the

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South Korean constitution that affirms anti-Japanese

The preamble of the Korean Constitution states that 3.1 the legal system of the provisional government of the Republic of Korea will be inherited. Then, what is the March 1 Provisional Government of the Republic of Korea? It is an organization that called itself the Provisional Government and was established in 1919 as an anti-Japanese force. Looking at the contents of the charter, we see that the oath is strongly anti-Japanese: ``We will fight to the last man to indoctrinate Japan from barbarism.''

The preamble of the constitution describes the principles that govern the entire constitution. The structure of this idea is to inherit the legal structure of the March 1 Charter of the Provisional Government of the Republic of Korea. If we interpret these without contradiction, Article 21 of the latter part of the Korean Constitution states freedom of speech and Article 22 states academic freedom, but if we read it based on the preamble of the Constitution, we can see that 3.1 Legal framework of the provisional government It can also be interpreted as allowing freedom of speech and academics on the premise of inheriting the law. This is actually the case in Korea today.



MEMO

If you look at the oath of the provisional government quoted in the preamble of the constitution, it clearly states anti-Japanese ideology. In the first place, the constitution should not quote anything or include language that assumes other countries.



Anti-Japanese movements are legitimate activities recognized by the Constitution.

In any case, as long as South Korea is under this constitution, anti-Japanese activities are always legitimate, and on the contrary, pro-Japanese activities are criticized as acts that destroy the legal system of the March 1 Provisional Government Charter and the Constitution. If members of the Diet follow the principle of adhering to the Constitution, then anti-Japanese members are conducting legitimate parliamentary activities. This is the main reason why it is said that #anti-Japan is South Korea's national policy.


Preamble of the Constitution that can be interpreted in various ways

How can the preamble of the Constitution be consistent with fundamental human rights such as freedom of speech, thought and belief, and academic freedom? There appears to be no case where a legal interpretation has been obtained in the Constitutional Court through a lawsuit or controversy that has raised this point. The Korean government is free to expand its interpretation as much as it wants. This is the case now, as seen in the No Japan movement, where anti-Japanese activities are legitimate activities, and pro-Japanese speech is denounced as ``traitors.'' Is this an exception to basic human rights, with speech affirming the era of Japanese rule being suppressed, or is anti-Japanese a duty of every Korean citizen as written in the Provisional Government's oath?

Provisional Government Oath
Oath
To my 2,000,000 fellow citizens whom I respect and love
March 1st year of the Republic of Korea One day, since the Korean nation declared its independence, men and women, young and old, all classes, and all sects, of course, have come together to fight under the inhumane violence of Japan, the Germany of the East. The sympathy of the world is now suddenly focused on our people because they have expressed the character of a nation that is extremely patient with fairness, longs for independence and freedom for its people, and loves truth, justice, and humanity. It was at this time that the government was organized with the mandate of all the people of the country. I hereby swear that this government, together with all the people of this country, will work wholeheartedly to fulfill the great mission of restoring the nation and establishing its identity as a nation, observing the provisions of the provisional constitution and the principles of international society.
My fellow countrymen, be inspired. Every drop of blood we shed is the gift of freedom and fortune to our descendants. It is the precious foundation for building God's kingdom. The way of our people will surely edify Japan's wild horses. Our justice truly trumps Japan's violence. My brethren, rise and battleto the last man.

South Korean government based on anti-Japanese organizations

3.1 The provisional government was the result of an anti-Japanese movement that occurred on March 1, 1919 under Japanese rule, and after that, Syngman Rhee established a provisional government in Shanghai, where he was in exile. This provisional government is considered the legitimate root of the Korean government, and Syngman Rhee became the first president of Korea after Japan's defeat. In other words, the Korean government itself is based on anti-Japanese organizations. Therefore, the Constitution will inherit the legal system of the Provisional Government Charter.

He became a member of the Diet because he was anti-Japanese.

It is no wonder why this story has not been reported in Japan, but it seems safe to assume that there are almost no members of the Korean Diet who are not anti-Japanese. On the contrary, he says that it is impossible to become a member of the Diet while advocating pro-Japan policy. Rather than saying, ``Many South Korean parliamentarians are anti-Japanese,'' it seems more accurate to say, ``South Korean parliamentarians exist because they are anti-Japanese.'' South Korea will never become a pro-Japanese country. That future will never come. Will the South Korean government or National Assembly propose a constitutional amendment and delete the text written in the preamble? If that happens, the roots and identity of the Korean government will disappear.



POINT

Anti-Japanese activities are legitimate activities that are affirmed by the Korean Constitution. Depending on the interpretation, it can also be considered to be outside the scope of freedom of speech. We need to think about South Korea with this in mind.