광복 81년, 식민 잔재에서 자유로워졌나 [.txt]

August 15th is known as Independence Day in South Korea. It marks the 81st anniversary of the country's liberation from Japanese colonial rule. The development of the Republic of Korea since then is impressive, with its economy ranking 13th in the world and military power ranking 5th. Korean culture, referred to as 'C-Kulture', has gained global recognition.

However, one must question whether the nation has truly freed itself from the remnants of the colonial era and its shadows. This is a complex issue, as highlighted by legal scholar Professor Je Jae-sung from Kyunghee University's Graduate School of Law. His recent publication, "Law and Lawmaking," delves into the problem of dismantling colonial history.

The book, titled "Law of Eradication," examines various aspects of the colonial history eradication issue. The author argues that the international community's laws are often overshadowed by the dominance of powerful nations. The author expresses a longing for a universal world free from colonial relationships, but acknowledges the reality of compromised international law.

The book is divided into 11 independent chapters, each focusing on a distinct topic related to the eradication of colonialism. While reading the chapters in order provides a comprehensive understanding, each chapter can be read independently to gain knowledge on specific subjects. The foundation of colonialism lies in the two World Wars of the 20th century, which ended the era of imperial powers.

However, the author argues that imperialism continues to exist in various forms, particularly in the financial capitalistic global order. Even today, imperialistic practices persist, with imperial powers using complex methods to maintain their control over the Third World. The author traces the historical roots of modern international law to the works of 17th-century Dutch legal philosopher Hugo Grotius, who justified European colonialism.

This historical context laid the groundwork for the "annexation treaties" that supported European colonialism. The author also discusses the concept of "right to self-determination" and its use as a tool to justify the rights of the colonizers over the colonized. The author criticizes the concept of "national self-determination" as it applies to non-European regions, where it does not hold the same weight as in Europe.

The author argues that the concept of "right to self-determination" is essentially a "shadow sovereignty" that cannot be applied to non-European territories. This concept is deeply rooted in Orientalism, which views non-European societies as inferior and justifies European colonialism. This mindset is not only present in the international legal system but has also infiltrated the minds of some indigenous people in colonized regions.

The author specifically criticizes the "colonial modernization" theory popular among South Korean economic historians, which he describes as a "scientific form of economic philosophy" rather than a genuine economic theory. The author argues that the "colonial modernization" narrative is based on flawed statistics, unequal development, and a system of exploitation and violence.

The author highlights the issue of "colonial genocide" as a consequence of colonialism, which is a significant issue in the international legal system. The author notes that international law has historically justified brutal acts committed by colonizers and now remains silent on the matter. This silence serves to perpetuate the impunity of the perpetrators.

The author emphasizes the importance of truth and sincere apologies in the process of eradicating colonial history. The author argues that the first step in addressing colonial history is to uncover the truth and express genuine remorse. The author also explores the issue of diaspora, particularly the Korean diaspora, and the legal rights and concepts related to it.

The author argues for the rights of diaspora communities, including their right to return, residence, and nationality. The author also discusses the concept of "kokusaiga," which refers to the rights of the dead and the return of the dead. The author criticizes the forced repatriation of Korean war dead to Japan and the denial of their rights.

The author calls for a more compassionate and just approach to addressing the historical and emotional ties between Korea and Japan.