Kim Myung-ki: The Validity of the Theory of Government Establishment and Korea's Territorial Sovereignty over Dokdo

On August 15, 1948, our government announced to the world that the South Korean government had been established. The question of whether to view this as the establishment of government or the establishments of the state was particularly debated in the history of the country and the views of the authorities were not unified. It is also considered patriotic and unpatriotic to think of nationalally as being the case. The essence of the problem is that it's based on facts set out in the history of the state, and it belongs to the realm of interpretation by constitutional and international law. This book is an interpretation from international law. The "national dogma" which is considered to be a nation-made was the premise of its sub-existence before August 1948. And it allows for Japanese control of Korea to be legal from August of '30 to August of 1945. The "national religiosity" ignores these enormous consequences. But the "one-temporary treaty" of August of 1930, which was signed by compulsively and then, because of its being nullified or not being an entity of international law, is not a state that has been destroyed, so the "nationalistism" that is based on the extinction of the empire is not valid. The nation's components are people, territory and government. The element of this nation's unity is that, despite some changes, the sameness and continuedness of the country is not affected. Especially is it international practice and also common that the monarchy can be transformed into a democratic republic, but remain consistent with the nation's identity. So even if the empire of auto-quenchables is turned into a nation of democratic republics, then the empire and its civil state are equal as a nation.

Korean title: 정부수립론의 타당성과 한국의 독도 영토주권

Korean author: 김명기

Korean publisher: 선인

ISBN-13: 9791160682472