A Study on the Nationality of the Koreans in the Japanese colonial era

The controversy over the nationality of Koreans during the Japanese colonial era, which erupted in the political sphere in the summer of 2024, was such a hot potato that shook Korean society for some time. Then, what were the nationalities of Koreans at the time of Japanese colonial era? This study was undertaken to find answers to such questions. Accordingly, This study first sought to define the concept of nationality and to examine the nationality of Koreans from a legal perspective. The legal basis upon which Japan incorporated Koreans into Japanese nationality was the “Korea-Japan Annexation Treaty” of August 1910. However, since the process of concluding this treaty involved numerous unlawful and unjust aspects under international law, the prevailing view is that it should be deemed null and void from the outset. Therefore, legally speaking, Koreans could not have become Japanese nationals, and since no sovereign state existed on the Korean Peninsula, it can be said that Koreans were in a state of “statelessness.” Next, this study examined how major countries perceived the legal status of Koreans. Japan did not apply its Nationality Act, which would have allowed Koreans to naturalize at their own will. At the same time, it invoked the laws of the Korean Empire, which prohibited foreign naturalization, to ensure that Koreans could not escape from Japanese nationality. France generally accepted Japan’s reasoning and regarded Koreans as Japanese nationals. In the case of China and the United States, positions were not unified, such as considering Koreans as Japanese nationals and recognizing Koreans as having separate legal status from the Japanese. Exceptionally, Russia regarded Koreans as having a distinct legal status apart from the Japanese. Finally, the study highlighted Koreans' efforts to restore their nationality. Koreans have campaigned for diplomatic independence toward the international community in order to regain Korean nationality, away from Japanese nationality. The Cairo Declaration of 1943 was a great achievement that emphasized that Koreans are different in nationality and identity from Japanese. This gives a glimpse into the efforts and achievements of Koreans who have made efforts to preserve their identity as Koreans despite the loss of national sovereignty.