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This article analyzes how the French Concession authorities perceived Koreans who came to Shanghai after the March 1st Movement. French concession authorities did not consider Koreans to be immigrants. It recognized the Koreans as political asylum who had escaped Japanese Rule and Suppression. Therefore, the Korean policy of French Concession authorities was applied to based on the principle of non-extradition of political offenders, the anti-Japanese public opinion of the Shanghai Chinese society at that time, and diplomatic judgment. It was also to establish a reciprocal principle between France and Japan for the extradition of political offenses. France demanded that Japan take the same action against Vietnamese revolutionists in Tokyo when Koreans political offenders hand over to Japan authorities. It also restricted the activities of Koreans living in the French concession in Shanghai. A radical independence movement was prohibited, but, the diplomatic independence movement, which appeals to the public opinion of the World Powers for independence, positively conceived as “peaceful activity.”
The High Court of Governor-General of Korea, the highest court of Joseon under Japanese rule, ruled that “administrative measure based land ownership (“administrative ownership”)” established by the Land Survey Project and “judicial decision based land ownership (“judicial ownership”)” are valid. This ruling was inconsistent with the policy of the Governor-General of Korea, which tried to regard only “administrative ownership” as an absolute right. The High Court judged that the “administrative ownership” was confirmed by the <Land Survey Ordinance>, and the “judicial ownership” was confirmed by the <Code of Civil Procedure> of Japan in 1918. Furthermore, the High Court ruled that “judicial ownership” is registrable as it was the right established by due process. It was a contradiction that two ownerships existed on one land, which occurred as two statutes of different systems were applied simultaneously in Joseon under Japanese rule. In 1921, a lawsuit was proceeded at the request of redefining the relationship between the two ownerships. The High Court had to judge the claim that “administrative ownership” was superior based on the first clause of Article 1 of <Regulations No. 16> in 1914. The united department of High Court judged the two rights are equal and independent that cannot be violated. The decision by the High Court, which was an internal institution of the colony, prevented the land ownership policy of Governor-General of Korea from being legally enforced until 1921. .
This study is to investigate the democratic issues of new family law and nationalization of women in postcolonial Korea focused on ‘the capable person system of wives'. The result of the study is as follows; Firstly, The acknowledgment of the capable person system of wives in 1947 set a precedent in order to institutionalization of democracy and nationalization of women. Secondly, democratic issues were very important in a heated controversy about the capable person system of wives when family law was made. The draft bills that law makers presented is worthy of attention in two points. One is a ‘proper regulations' of wives instesd of abolition the incompetence system of wives. The other is acknowledgment of property rights for women. Therefore, democratic issues in family law was close to liberalism than equalitarianism. Thirdly, the abolition the incompetence system of wives wasn``t defferent from the ‘proper regulations' of wives in new family law. Nationalism in Korean family law lead to reduce democratic issues not realization of eqaulity but nationalization of women.