Japan -- Foreign relations -- Korea; Korea; Korea -- Foreign relations -- Japan
In the opinion of Marquis Ito, when he became Resident-General, the
primary and most important thing in the interests of the public justice
was the discovery, systematizing, and promulgation of the “law of
the land.” But how should this difficult task be accomplished? Or—as
involving subordinate questions of great importance—upon what foundation
of principles should the task be undertaken? In the reforms of 1894-95
the plans of the Korean and Japanese enthusiasts involved the sudden
making of all things new. At once, a tolerably complete modern code was
to be devised and forced upon the people of Korea. In accordance with
these plans an abundance of legislation was enacted; but most of it was,
of necessity, ineffective, since it was neither adapted to the present
condition of Korean civilization nor ever honestly applied. At the
present time in Japan and in view of the large increase of power given to
the Resident-General by the Convention of 1907, there is a difference of
opinion as to the proper procedure in the reform of the public justice
in Korea. A certain party would repeat the mistakes of more than a
decade ago. They would have the Japanese Protectorate secure the “entire
adoption of the new Japanese Criminal Code, and in civil suits provide
Korea with ‘an entirely new set of laws’ patterned after those of modern
civilized nations.” This would be a comparatively easy matter, so far
as the _preparation of a code_ is concerned. But it would undoubtedly
be relatively defective so far as the actual reform of justice in Korea
is concerned. “The Resident-General,” says Mr. Stevens, “is manifestly
determined to avoid this mistake, and to provide, in the first place,
some adequate means for the enforcement of the law.” Meantime, the work
of codification is proceeding cautiously. The first step in this work was
directed toward the “law affecting real estate.”
Public-domain text, read in full here on John Shaqi.
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