Japan-Korea Annexation — Legal or Illegal?
Debate over the legal validity of the 1910 annexation treaty and the nature of colonial rule
The Japan-Korea Annexation Treaty signed on August 22, 1910 transferred the sovereignty of the Korean Empire to the Empire of Japan. Korea and Japan hold fundamentally different positions on the legal validity of this treaty.
Korea's position is that the treaty is null and void from the beginning because the Korean Emperor's free will was not reflected, and it was concluded under military coercion. The 1965 Basic Treaty included the phrase 'already null and void,' but interpretations differ.
Japan's position is that proper legal procedures were followed according to the international law standards of the time, and the international community approved it. Some also argue it was 'annexation' rather than colonization and contributed to modernization.
Even in the 2001 Korea-Japan Joint History Research, this issue could not reach consensus, and the debate over legality remains ongoing.
Key Timeline
1905: Eulsa Treaty — Korean Empire stripped of diplomatic rights
1907: Hague Secret Emissary Affair — Emperor Gojong's international appeal
1910: Japan-Korea Annexation Treaty signed
1965: Basic Treaty — "already null and void" clause inserted, interpretations differ
2001: Korea-Japan Joint History Research — no consensus on legality
2010: 100th anniversary — PM Kan Naoto's statement