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Chung Dae Kyun

【#573】South Korean Constitution’s Preamble Impedes Friendship with Japan

Chung Dae Kyun ／ 2019.02.20 (Wed)


February 18, 2019

　　　　　The Planning Committee of the Japan Institute for National Fundamentals has asked me to make a comment on the South Korean National Assembly speaker’s call for the Japanese emperor to apologize over the comfort women issue. However, I would like to point out an even more important fact.
　　　　　The preamble of the Constitution of the Republic of Korea says: “We, the people of Korea, proud of a resplendent history and traditions dating from time immemorial, upholding the cause of the Provisional Government of the Republic of Korea born of the March First Independence Movement of 1919…” This means that today’s South Korea upholds the legitimacy of the Korean Empire established in 1897 and views Japan’s rule of Korea from 1910 to 1945 as illegal or legally invalid.

Historical perception representing a great fiction
　　　　　However, the historical perception that simply describes South Korea’s national identity represents a great fiction. As told by history, the Japanese Empire’s annexation of the Korean Empire was deemed legal, while no country recognized the Provisional Government of the Republic of Korea. The Republic of Korea government was created in August 1948 after the Japanese rule and the Allied Forces’ rule.
　　　　　Nevertheless, the preamble provides the ground for South Koreans to describe the period of Japan’s rule as “the Japanese forced occupation period” and represents a historical view that has authorized the South Korean Supreme Court to order Japanese companies to pay compensations to wartime Korean workers. It has also allowed National Assembly Speaker Moon Hee Sang to remain confident after urging the Japanese emperor to apologize over the comfort women issue. He may feel protected by the preamble, which represents a convenient philosophy for today’s South Koreans to be confident of their historical and moral superiority over Japan.

Can South Koreans criticize the preamble of their constitution?
　　　　　In other words, the preamble produces various derivative effects on South Korea’s society, culture and diplomacy. If South Korea’s historical perception is problematic, the preamble rather than its derivative effects may have to be criticized. This means that unless the historical perception in the preamble of the constitution is criticized and revised in South Korea, Japan and South Korea cannot be expected to have normal relations. However, it is difficult to conceive that the time would come for South Koreans to criticize the preamble. This is because no South Korean citizens have been hurt by the preamble.
　　　　　Those who should criticize the preamble may be Japanese including the Japanese government that has an important role to play. In the future, the government of Japan should take every opportunity to point out the wrong historical perception in the preamble of the South Korean Constitution and carefully and relentlessly explain how the wrong perception serves as an obstacle for South Korea to build partnership with a neighboring country.
　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
Chung Dae Kyun is a director of the Japan Institute for National Fundamentals and a professor emeritus at Tokyo Metropolitan University