カテゴリー: 論説

Japanese : https://i-rich.org/?p=2450

Ara Kenichi
Advisor, International Research Institute of Controversial Histories

When the description of the Nanjing incident began to appear in school textbooks in 1982, following the influence from neighboring countries clause, supposedly it was due to the “don’t-rock-the board” mentality toward China on the part of the Japanese Government. Now, however, the Nanjing incident is being used as the due cause for the Chinese people to attack Japanese people in China as well as the vital weapon in the intelligence warfare prior to the looming Taiwan emergency.

On December 13 last year, while Japanese schools in China were either closed or classes were held online, the Chinese Embassy in Japan called on people to remember the Nanjing incident victims, causing us Japanese to worry about Japanese children in China. The film Dead to Rights, whose screening in China began on July 25 this year, became a box office hit. The film showed scenes such as a baby being violently hit or a crucified Chinese soldier being stabbed with a bayonet, causing an acute rise of the Chinese hatred against the Japanese and further increase of worries among Japanese.

On December 13 last year, the Ryukyu Shimpo Newspaper posted a military diary of a soldier engaged in the battle of Nanjing on its front and second pages. Young people from Okinawa Prefecture were mobilized as the Second Sino-Japanese War broke out and deployed in the battle of Nanjing. The soldier’s military diary described well-known facts, but it was reported as if the soldier himself had witnessed the alleged massacre and the editorial of the Ryukyu Shimpo read that a massacre incident may happen again at any time, further asserting, “Think of the present situation. The allied U.S.-Japan military drills openly use commercial harbors, ports, airports and public roads. Urging the preparation for ‘emergency,’ the Self Defense Forces bases are being enlarged,” citing opposition to the military drills. On the TBS radio program “Ogiue Chiki Session,” aired on September 26 this year, journalist Aoki Osamu, touching the issues of “the battle of Okinawa and the Nanjing incident,” said that in the Nanjing incident the Japanese Army killed Chinese for the country and in the battle of Okinawa the Japanese Army brutally killed its own people for the just cause of protecting its own people.” Clearly, Okinawa is being made a target.

These cases show that the Chinese intelligence warfare using the Nanjing incident has deeply permeated public discourse, overwhelming Japan. These are not isolated incidents: on September 17, the Chinese Embassy in Japan invited one hundred and fifty guests to the preview of the film Dead to Rights. Some of the invited guests talked about the Japanese atrocities proving that the Chinese intelligence warfare in Tokyo has been openly staged. Dead to Rights is shown in the United States, Canada and many other countries in the world. Americans shed tears and generations unfamiliar with the Rape of Nanking hold the prejudice that the Japanese people are extremely cruel and such phenomena are seen elsewhere across the world.

In the prewar years, propaganda war or intelligence warfare in today’s terms was reported almost every month as extremely important in general magazines. After Japan’s defeat, the topic of armament became a taboo, and the propaganda war itself was forgotten. Under such circumstances, Japan is left totally vulnerable to operations of disruption.

While examining the Japanese Government’s actions over the recent years regarding the Nanjing incident, we can see that on April 3, 2023, at the House of Councilors’ Committee on Audit, Councilor Wada Masamune said, “Are there any documents kept within the Ministry of Foreign Affairs which provide the grounds for the incident?” Foreign Minister Hayashi Yoshimasa answered, “’War History Series Sino Japanese War Japanese Army Operation (1)’ made by the governmental organization carries the relevant article.” Councilor Wada strongly refuted the statement, saying, “I have read all the related papers, but there was no specific description that the Japanese military intentionally killed Chinese.” He questioned the Minister again on April 24 to confirm it.

While the Foreign Minister kept making excuses, on January 26, 2024, Councilor Kamiya Sohei submitted a written question to the cabinet, asking, “If the War History Series Sino-Japanese War, Army Operation (1) is the basis, the Ministry’s website lacks the ground.” The Government answered that it did not solely depend on the war history series but made an overall decision. Councilor Kamiya submitted another written question to the cabinet on February 28. On May 13, 2025, Councilor Hamada Satoshi submitted a written question to the cabinet, asking, “Is there any official document to verify that the Japanese Army directed murder of noncombatants or acts of plunder?” The government did not answer. On June 17, he submitted another written question to the cabinet, but the government evaded the answer, saying, “Since it is not specifically clear what you mean, it is difficult to answer your question.”

In the first place, the neighboring countries clause was not made on the grounds of the Nanjing incident. Therefore, like a textbook made by Jiyu-sha, textbooks came to pass the authorization procedure without the description of the Nanjing incident. It is now clear that the post on the MOFA website was baseless. Nevertheless, the Ministry of Foreign Affairs of Japan would not delete the article in question on the website but keeps admitting to the existence of the Nanjing incident.

When information came out related to the making of the film Dead to Rights, the story of negatives of photos taken by the Japanese Army being carried out by Nanjing citizens, it was understood that the film is based on the sixteen photographs submitted to the Nanjing military court held in 1947. The negatives of sixteen photos were supposed to have been carried out by Nanjing citizens and submitted to the Nanjing military court, and the court recognized them as valid evidence. However, some were totally unrealistic as photos taken during the rigorously cold winter in Nanjing. Since there was no record showing that photos were taken by the Japanese Army, clearly it was a fake story. Seventy years later, when China tried to register the 16 photos as UNESCO World Heritage, they were denied. At the time when the film was to be shown in China, doubts were pointed out on the Internet and “Sunday Sound Argument” column of the Sankei Newspaper dated August 6 shed light on the dubiousness of the film. And yet, the Japan’s Foreign Ministry would not do anything about it.

It was more than forty years ago when the Foreign Ministry forcibly spotlighted Nanjing incident. The Nanjing incident is not misjudgment like the removal of the sanctions against the Tiananmen incident or Emperor’s visit to China, but it is a case where Japan recognized as a fact at China’s insistence a questionable event without any ground. None of those concerned at the time are alive today. Japanese ministry’s Asian Bureau was changed to Asian and Oceanian Affairs Bureau. The Foreign Minister does not need to adhere to the past. The Ministry must protect the Japanese nationals in China and cope with the intelligence warfare staged by China. Based on the conclusive facts, Japan should immediately change its policy toward the Nanjing incident. There is no time to hesitate.

Japanese : https://i-rich.org/?p=2395

Kunitoshi Matsuki
Senior Researcher
International Research Institute of Controversial Histories

On the past June 3, in South Korea, the presidential election following the dismissal of President Yoon Suk Yeol was held and as mostly expected, Mr. Lee Jae-myung won and took the presidential office. I would like to state my view as to where the Lee Jae-myung Administration will head and how Japan should cope with his administration.

The birth of the despotic Lee Jae-myung Administration

One thing is certain: in South Korea, the President takes hold of all powers. Naturally, the President himself directly controls the administrative branch. President Lee appointed his men to all the important posts, such as the prime minister and the director of the top intelligence organ of the National Intelligence Service. As for the legislative body, since the ruling “Together Democratic Party” occupies the absolute majority of seats in the national legislature, bills and budget proposals and personnel proposals will easily pass the Assembly without much opposition.

How about the judicial aspect? The Chief Justice of the Supreme Court of Korea is appointed by the president and takes office after the approval by the National Assembly. The incumbent chief justice is conservative, but his term of office expires in June 2027, two years from now, and the next chief justice will be practically appointed by President Lee Jae-myung. Regarding the rest of the justices, nine out of the twelve justices are to be replaced due to the expiration of their terms while President Lee Jae-myung is in office. The justices of the Supreme Court are appointed by the president, following the recommendation by the Chief Justice of the Supreme Court and the approval by the National Assembly. Therefore, newly appointed justices are most likely to be those close to the administration.

As for the Constitutional Court, the Court is composed of nine justices, three of whom are selected respectively by the president, the National Assembly and the Supreme Court Chief Justice. Consequently, if as of June 2027, pro-president Supreme Court Chief Justice is to take office, almost all the Constitutional Court justices will be pro-President Lee Jae-myung.

The mass media, the so-called fourth power, are in the same political situation. The board members of the Korean public broadcasting stations, such as KBS and MBC, are appointed by the President on the recommendation by the governmental organ of the Korean Communications Commission (KCC). Consequently, those who align with President Lee Jae-myung’s intentions are to be elected board members, rendering the public broadcasting nothing but the advertising organ for the government. It is highly probable that the Lee Jae-myung administration will become a despotic one without any brakes.

Uniting the people through anti-Japan agitation

Serious social problems permeate South Korea, such as lingering high-unemployment rates among young people, expanding social inequality, and sharply declining birthrate rarely seen elsewhere in the world. Moreover, the national economy came to impasse, due to its heavy dependence on exports, and the economic growth rate for the first quarter of this year fell to minus 0.2 %. All these problems derive from structural failures and cannot be resolved overnight. Amid rising concerns over a fuzzy future, the people’s frustration will be directed against the Lee Jae-myung’s government.

The conservative powers within South Korea will never remain silent. In the first place, Mr. Lee Jae-myung evokes much suspicion because of his own dubious acts. Presently, he faces five lawsuits over the money he illegally sent to North Korea while in the gubernatorial office of Gyeonggi Province, and inappropriate conduct over the city development while he was a mayor of Seongnam City. Although the president has a privileged immunity from lawsuits, it is legally ambiguous whether the immunity can be applied to the cases which occurred before he became president. From now on, the conservative power will thoroughly hold the president accountable for these suspicious deeds, which have become the Achilles’ heel of the Lee Jae-myung’s government.

In the previous presidential election, over 40% of the votes were against Lee Jae-myung and if the conservative powers gain momentum and win decisively the next 2028 general election, it may be possible for the National Assembly to make a proposal to impeach President Lee Jae-myung. Although the president holds the personnel control over the Constitutional Court, if the anti-Lee Jae-myung public opinion becomes strong and the justices cater to it, the impeachment may become reality.

If President Lee Jae-myung is to avoid such “threat,” he must win the public opinion and have the ruling party dominate in the next general election. However, it is extremely difficult for the current government to achieve satisfactory results for the people in little time. Under such circumstances, there is no alternative but to turn the people’s dissatisfaction into “anger against Japan” by bringing back the historical issues, already settled in the past, inciting the anti-Japan sentiment.

Even if he voices the friendly Japan-South Korea cooperative policy line, the true nature of Mr. Lee Jae-myung is “China-friendly and anti-Japan” as seen from his past words and conduct. In his campaign promises, he clearly stated that he would “recover the honor of the former comfort women and bring about compensation as much as possible.” On the pretext of “realizing the campaign promise,” he may bring back the “comfort women issue,” which had been finally and irreversibly resolved and ask Japan for “apology and compensation.” In South Korea, a country strongly affected by anti-Japan sentiment, the more aggressively the president reacts against Japan, the more popular he becomes. And the ruling party will surely win in the next election.

His next target is the revision of the South Korean Constitution. In the Korean Constitution, the presidential term is limited to five years, without reelection. In the past, many of the consecutive presidents were judged guilty by the court after the expiration of the presidential term and met disastrous fate. Mr. Lee Jae-myung will be an ordinary person when he retires from the presidency. He is very suspicious, and it is easily foreseeable that he will be ruined, after being held accountable for several criminal deeds. To avoid such dire destiny, the only way is to become re-elected president. The South Korean president holds the right to propose constitutional revision and if Mr. Lee Jae-myung proposes, “Let us make it possible for the president to be re-elected, just like in the United States,” the proposal will probably pass. He will win the second term, resorting to every possible means under the despotic system he himself builds up and may even think of the way to the lifetime presidency.

Let’s stop the despotism through Japan-South Korea cooperation

If the government holds both legislative and judicial powers and anti-government activities are legally oppressed, there will be no freedom of speech, and the society will become no different from a socialistic regime. The danger does not stop here. The “China-friendly, and anti-Japan” political line the Lee Jae-myung administration plans to pursue will weaken the U.S.-Japan-South Korea alliance and in the worst scenario, it is feared that South Korea will be entirely swallowed up by China. If this becomes a reality, Japan would be obliged to directly face the hegemonic state of China, and Japan’s autonomy and independence may be threatened. To avoid such situation, the peoples of Japan and South Korea must cooperate and stop the despotic Lee Jae-myung regime, using all means.

I already mentioned that Mr. Lee Jae-myung will use “anti-Japan sentiment” to bring the Korean people together. However, this “anti-Japan sentiment” is nothing but “unjustified resentment” imprinted by anti-Japan education that distorts history. Fortunately, despite their small numbers, in South Korea, some scholars raised their voices to point out this fact. The book Anti-Japanese Tribalism written by the former professor at Seoul University Lee Younghoon concretely refutes the historical distortion in the anti-Japan education; it became a best seller in South Korea.

The claim that comfort women were “sexual slaves” taught in the anti-Japan education turned out to be not true and instead, the fact that they were simply prostitutes came to be known by many South Korean people. Civilian movements by South Koreans for the withdrawal of comfort woman statues built everywhere are expanding. In addition, more and more people gain access to various information through the Internet and come to doubt the credibility of what has been taught through the anti-Japan education.

What Japan should do is to provide an active support, so that these new waves may spread across South Korea. If South Korea wants to bring back again the historical issue, which has been resolved between the two countries, Japan must refute the claims one by one, truth by truth. If the anti-Japan historical view asserted by Mr. Lee Jae-myung is revealed to be a lie, his authority based on “anti-Japan sentiment” will fall, opening the way for the Korean conservative forces to come back. Mr. Lee Jae-myung may be impeached.

For the future of both peoples of Japan and South Korea, I, as a member of the International Research Institute of Controversial Histories, will continue to do my best. In addition, I ardently hope that the Japanese Government is determined to protect Japan’s national interest and undauntedly cope with the Lee Jae-myung administration and carry out its important responsibilities.

Japanese: https://i-rich.org/?p=2349

Yumiko Yamamoto
Director, International Research Institute of Controversial Histories (iRICH)

Forty years or so after an incident occurred, when few survivors remain, fake information is spread, and sometimes the utter fabrication may be perceived as a ‘fact.’ “During World War II, the Japanese Army abducted young girls and women in the occupied regions, made them sexual slaves called comfort women, abused them, and when the war was over, most of them were killed.” The lie conceived about the so called comfort women issue is such an example.

And now, another type of fake information is being spread. It is the crash accident of Japan Airlines Flight 123 at Mt. Osutaka in 1985. The comfort women issue and the JAL’s accident may appear completely unrelated, but the common aspect of fake information is the anti-Japanese smear of the Japanese Army and Self Defense Forces.

Fake information linking the suspect to Japan Self Defense Forces

JAL’s flight 123 crashed down on Mt. Osutaka on August 12, 1985, killing 520 people on board, the worst airplane accident in history. The airplane accident investigation committee reportedly ascribed the cause of the crash to improper repair on the rear pressure bulkhead, which led the bulkhead to break down during the flight. The Japan Self-Defense Forces sent about fifty thousand troops for the disaster rescue mission. They accomplished the difficult task of rescuing survivors and retrieving victims’ bodies at a very inhospitable location.

Already at that time, there was a conspiracy-theory type of criticism against the Japan Self-Defense Forces participating in the rescue mission. However, now, forty years after the incident, fake information that the crash was perpetrated by the Self-Defense Forces is being spread again.

The theory of the JSDF as a perpetrator can be summed up as follows:

1)Japan Maritime Self-Defense Force’s escort ship in Sagami Bay during missile launching drill accidentally destroyed part of the JAL aircraft’s vertical tail. 2) Then, two Phantom II jet interceptors followed the JAL plane and shot it down with a missile. 3) After the plane crashed on Mt. Osutaka, the Japan Ground Self-Defense Force burned survivors and bodies, using flame throwers, to conceal evidence. 4) For that operation, they intentionally delayed the identification of the crash site and sending of an airborne brigade for the rescue mission. 5) Since the JAL’s pilot who once belonged to the Maritime Self-Defense Force knew about this plan and possessed materials related to the secret mission, a member of the Self-Defense Forces stripped the pilot’s body found on August 14 of his uniform and destroyed the material evidence.

The theory was too absurd for any member of the Self-Defense Forces or those concerned to believe or refute at that time. However, in the Internet sphere, this kind of fake information attracts many viewers and not a few people believe in the theory. Also, books promoting the theory of the Self-Defense Forces being the perpetrator sold hundreds of thousands of copies. Three books among them were selected for recommendation by the National School Libraries Association and were displayed at school libraries. At Mt. Osutaka, a memorial monument, inscribed with the statement that Passengers, Victims were intentionally killed by the Self-Defense Forces, was installed by bereaved families.

Refute fake information with facts

Deeply worried about this situation, former Self-Defense Forces members and former Japan Airlines employees testified at a symposium held at the House of Councilors Hall on April 16, 2025.

There, the theory of JSDF being the perpetrator was refuted:

1. The escort ship Matuyuki at Sagami Bay was in fact handed to the Maritime Defense Force in March of the following year (1985). At the time of the accident, the ship belonged to Ishikawajima-Harima Heavy Industries Co., Ltd. and the person in charge of the ship was the captain appointed by Ishikawajima-Harima and many of the crew were civilians. As such, no missile was installed aboard the ship. In the first place, a missile launching drill was never conducted in Sagami Bay. If such a drill had been held, many people would have seen flames.
2. Two Phantom II jets of the Air Self-Defense Force scrambled from Hyakuri base in Ibaraki Prefecture at 19:01, four minutes after the JAL plane disappeared from the radar. There was no scrambling before the two Phantoms. Therefore, no Phantom pursued the JAL plane. After the Phantoms returned to the base, it was also confirmed that no missile was launched. Within the Self-Defense Forces, the management and handling of weapons is very strictly conducted. If a plane should return, missing a single missile, it would certainly raise hell.   
3. Immediately after the accident, it is physically impossible to carry portable flame throwers and fuel to the site. According to one book, flame throwers burned the area of 3.3 hectares. However, to burn the area of 3.3 hectares, it will require 220 sets of portable flame throwers, which is equivalent to the total number of portable flame throwers that the Ground Self-Defense Force possesses and 16 to 17 steel drums each containing 200 liters of fuel. In addition, to produce gelled oil, it usually takes one full day or at least five to six hours. To conduct such a huge-scale mission in a little time in secret is totally impossible.
4. As to the identification of the crash site, they tried to identify the accurate location from airplanes. The area burning around the crash site stretched like a long band and using the TACAN (tactical air navigation system) at that time was not free from errors. A little error makes a big difference in the steep mountain ridges. At that time, there was no GPS (global positioning system) available, and it was difficult to specify the location by the ground map. Another book writes that the rescue dispatch order to the First Airbourne Brigade on the day of the accident was changed, and they were ordered to stand by until the next morning, allegedly to intentionally delay the rescue dispatch. This is a sheer lie. In the first place, there was no standby order, and it was the next morning after the crash that the First Airbourne Brigade received the mission order.
5. During the work of retrieving bodies on August 14, there were already many people concerned and media people at the site. If a dead pilot wearing his uniform had been found, everybody would have seen it. It would have been impossible to remove the uniform from the pilot’s body. Aboard a helicopter, bodies were covered with blankets and tightly laid side by side. It was impossible to strip the body of the uniform. As a matter of fact, the pilot body was found on August 29, only the lower jaw and several teeth remaining.

Never repeat the tragedy of the comfort women issue

It is argued that the comfort women in wartime were sexual slaves. People at that time would have laughed off such a story as a lie. However, Yoshida Seiji’s book was published, the Asahi Newspaper reported it in the 1990s, and leftist lawyers and civil groups acted overseas. Consequently, the concept of “comfort women being Japanese military sexual slaves” spread through the international community, and comfort woman statues were installed across the world. If somebody dared to refute the sexual slavery theory, they were harshly criticized as “history revisionist.”

If a member of the Self-Defense Forces refutes the fake information asserting the theory of the Self-Defense Forces being the perpetrator, the Internet speech sphere criticizes it as the perpetrator’s excuse and speech control by the State. Those who delight at the spread of anti-Self Defense Forces information are leftist groups in Japan and South Korea, as well as North Korea and China. Both the comfort women issue and fake information over the JAL crash incident are wars of intelligence and history. They are also wars of recognition, streaming fake or biased information, using information media such as Social Network Services and Internet, and influencing receiver’s thinking and judgement. To protect the honor of the members of Japan Self-Defense Forces and to convey the correct history to the next generation, we must not leave fake information as it is but must patiently keep disseminating the truth.

Japanese: https://i-rich.org/?p=2359

Seishiro Sugihara
President
International Research Institute of Controversial Histories (iRICH)

The political feud this time was caused by shortcomings in the current constitution

In the South Korean presidential election held on June 3, 2025, as expected, Lee Jae-myung of the “Together Democratic Party” won and became the South Korean President on the next day.

Plainly speaking, the political chaos this time triggered by the former President Yoon Suk Yeol declaring martial law was solely due to shortcomings in the current Constitution of the Republic of Korea.

On December 4, the National Assembly of the Republic of Korea resolved to demand the lift of the martial law and President Yoon immediately cancelled the martial law. Later, on December 14, the National Assembly resolved to follow up with impeachment proceedings to purge the president. If the Korean impeachment proceedings were the same as the non-trust resolution cited in the Japanese Constitution, the President could have authorized the dissolution of the National Assembly and then called a general election. If the newly elected members of the National Assembly would vote in favor of the President, he would be able to resume the presidency, and if voted otherwise, he would lose the presidency. If this had been the case, the political feud this time would have been settled orderly by the people’s consensus.

From this perspective, the Korean Constitution has a peculiar stipulation, albeit it has some advanced stipulations when it comes to human rights. For example, Article 84 stipulates the crime of insurrection by the President and conflicts with other countries. Article 76 authorizes the President to issue emergency orders against domestic and foreign insurrections, and Article 77 authorizes the President to declare martial law in case of national emergencies. Why, then, is the crime of insurrection stipulated? Is it that the crime of insurrection means act committed to cause insurgence with the purpose to replace the government? How is it possible that the President authorized to issue emergency orders and martial law could be charged with the crime of insurrection? As the issue of insurgence was raised this time, the police investigated the President on the charge of inciting a riot, which seems quite odd in view of the rule-of-law principle.

Under the Yoon Suk Yeol administration, the “Together Democratic Party” made impeachment proposals 31 times, following the Constitution. Before that, impeachment proposals were made 18 times in 38 years since the Constitution was proclaimed in 1987. Comparing these numbers, we can see how often the impeachment was proposed under President Yoon Suk Yeol. Although it was legally and politically improper that President Yoon declared the martial law as a warning, I would rather emotionally sympathize with him to a certain extent.

The birth of the current South Korean Constitution emphasizing judiciary power

In South Korea, after the military administrations by Park Chung-hee and Chun Doo-hwan, in June 1987, democratization was declared on July 12, and on October 29, the tenth-revised Constitution came into effect as the current one, after nine revisions since the Constitution of the Republic of Korea was proclaimed on July 12, 1948. And in December,1987, presidential election was held and Roh Tae-woo became President. Since then, presidents elected by the people ensued.

In such political historical background, President Yoon declared martial law and naturally, the Korean people could not agree to the martial law.

However, the Constitution, seemingly over-conscious of the military administrations, is too dependent on judicial power and in that respect is somewhat inappropriate. Beyond the principle of separation of the three powers in the rule of law, it is too dependent on the work of judiciary power, deviating from the principle of separation of the three powers. Principally, political issues to be dealt with based on the political intention of the people are intended to be addressed by the judiciary power, whose task should be to carry out judicial justice and provide a correct interpretation of laws. Such attempts ultimately lead to the division of the people.

In the end, under the current constitution, President Yoon Suk Yeol declared martial law on December 3 last year and on the 14th, the National Assembly voted for impeachment, suspending the presidential office and on April 4, this year, the Constitution Court ruled that the President be dismissed. Following the decision, the presidential election was held on June 3.

On the other hand, as for Lee Jae-myung of the “Together Democratic Party,” who had been charged with violation of the “Public Offices Election Act,” the South Korean Supreme Court overturned the verdict of the original court citing not guilty and ruled otherwise, and Lee Jae-myung was on the verge of being non-qualifier for the presidential run. The High Court, on being remanded the verdict, decided that the court hearing be held on June 18, after the presidential election, postponing the original court date of May 15. By this decision, Lee Jae-myung was able to run for President and was consequently elected President. After all, the appointment of the new President Lee Jae-myung and the impeachment of the former President Yoon Suk Yeol were realized by the hands of judges who are not chosen by the people.

The Korean people want to reform the Constitution, focusing on the judicial issue

Fortunately, the people of the Republic of Korea are wise and most of them want constitutional reform. They have a strong interest in courts and want a reform of the judicial system. During the presidential election this time, both the ruling “People Power Party” and the opposition “Together Democratic Party” cited constitutional reform among their policies. Responding to the people’s intention, they should address the issue of constitutional reform, focusing on the reform of the judicial system.

What is judiciary, then? I would like to consider what the role of law is in terms of the separation of the three powers under the “rule of law” or “nomocracy.” It goes without saying that in terms of written law, judiciary’s ultimate role is to faithfully follow law, and in case of non-written law, through court procedures, judiciary exercises the final interpretation and judgement of the matter in question. And it is presumed that the interpretation thus made shall be applied in the same manner when dealing with any case of the same nature.

Such a judiciary act is not an act of the government but interpretation of law, conducted by judges who are selected from individuals with the required qualifications. Through lawsuits, in order to exercise the same judgement regarding the same issue, there is the system of the three stages of courts, namely, district court, high court and the supreme court.

The judiciary follows the Constitution, the highest written law. Therefore, when the legislative body makes a law against the Constitution, the judiciary is authorized to nullify the law in question. This is principally done through lawsuits. Article 13 of the current South Korean Constitution stipulates that the retroactive legislation shall not be applied to suffrage and property right. If such a retroactive law is made, those who are to lose their rights can file a lawsuit. During the court process, it is clarified that such legislation is against the Constitution and thus the law’s effectiveness is halted. Thus, it is made clear that the judiciary exercises the final interpretation regarding the Constitution and law.

In this sense, the judiciary is opposite to the government. However, the current Korean constitution so easily designates to court decision matters that should be dealt with by the government.

In discussing what judicial power is, we must look at the “theory of governing act.” The executive branch in charge of administrative power is authorized to declare martial law or something similar in the case of national emergency, without grounds written in the law. For example, when North Korea militarily invades South Korea or huge earthquake hits most parts of the country, the government should immediately cope with the dire situation, and emergency orders, including martial law, can be issued. This is the right concept under the “rule of law” or “nomocracy.”

Article 76 of the current South Korean Constitution stipulates that in the case of domestic insurgence, foreign raid or natural disaster, emergency orders shall be issued, and Article 77 stipulates that martial law shall be declared in case of a national emergency.

Regarding former President Yoon Suk Yeol’s declaration of martial law on December 3 last year, there are different views as to whether his act was constitutional based on the article of the constitution or not. Strictly speaking, it looks like both. There was no such emergency as to require martial law and his act was unconstitutional. On the other hand, he immediately cancelled the martial law, following the disapproval of the National Assembly and on December 14, he followed the Assembly’s resolution of impeachment and purge from the office. This shows that he acted according to the Constitution. Then, even if the martial law was issued politically in a wrong manner, the case should have been dealt with by the Assembly’s disapproval. Therefore, it can be interpreted that the act was formally constitutional. However, former President Yoon reportedly tried to hold Assembly members in custody, and in this sense, former his declaration of martial law could partially have been unconstitutional.

When we think about the role of judiciary, we must take the concept of “theory of act of government” into account. Regardless of the existence of written-law grounds, the administration has a special role when it comes to government. This theory is so important that we cannot eliminate this way of thinking.

This theory was strongly advocated in Japan in December 1959 by Tanaka Koutaro, the then Chief Justice of the Supreme Court of Japan and jurist, in connection with the verdict of the case called the “Sunagawa incident.” In the Japanese Constitution, interpreted literally, Article 9 stipulates that Japan shall possess no armed forces. In a further literal interpretation, it is also unconstitutional to have foreign armed forces stationed in Japan. Therefore, it can be concluded that it is unconstitutional to have the United States forces stationed in Japan because it is tantamount to having “armed forces” in Japan. How did Justice Tanaka judge in this situation?

Justice Tanaka did not say either constitutional or unconstitutional because judging whether it is constitutional or not is not within the jurisdiction of the judicial court. That is, a highly political state act related to the foundation of the state government is an issue beyond the jurisdiction of the court, even when it is possible to judge through court proceedings whether it is constitutional or not.

In gist, the role of judiciary is to carry out the final interpretation of law through lawsuits. Even so, there are matters related to government that are outside the jurisdiction of the court. We must say this was an extremely important judgement regarding the role of the judiciary.

In case of the current Korean Constitution, it is highly respectable that democratization was declared in June 1987 and efforts were made to protect democracy under “rule of law” or “nomocracy.” However, when it comes to the role of the judiciary under the Constitution under “rule of law” or “nomocracy,” it was made to play inappropriate role, including the case of “theory of governmental act.” Plainly speaking, what should be politically resolved based on the people’s intention has been entrusted to the judiciary, whose task is to pursue the rightful interpretation of law.

Through the presidential election campaign this time, both the then ruling “People Power Party” and the then opposition “Together Democratic Party” held up the policy of constitutional reform. However, there were few reform plans advocating judicial issues. There are many reforms to be made, such as the regulation of the one five-year-term only presidential office. The worst fault of the South Korean Constitution is that what should be solved politically is entrusted to judicial judgement. Unless this fault is overcome, there will be no stability of the South Korean government.

From this viewpoint, speaking of South Korean principles of order of law and constitution, further consideration of viewpoints is necessary, regarding the prohibition of legislation of exclusively specified matter and prohibition of retroactivity.

When there is only “rule of law” worthy of the name of rule, under “rule of law” and “nomocracy,” no legislation applicable solely to specific individuals is permissible. The premise of general law must be constantly observed. Moreover, legislation that can be disadvantageous to specific individuals must be strictly adherent to the rule of non-retroactivity. That is, legislation related to individual disadvantage must strictly follow the principle of non-retroactivity, which means that such legislation should be strictly applied to cases that occur after the legislation. Unless this principle is observed, such a state cannot be said to be a state worshiping “rule of law” and “nomocracy.” In South Korea, as a leading state in the world, those who are engaged in law-related legislation, administration and judiciary must seriously recognize this idea and work to make South Korea one of the most excellent modern states in the world.

Bi-partizan structure in South Korea

Article 8 of the current South Korean Constitution stipulates that when a political party’s purpose or activity is judged to violate fundamental domestic order, such party shall be possibly dissolved. This judgement is made by the constitutional court. In the case of South Korea, in the north sits the communist brother state and constant vigilance is unavoidable, so a pro-North Korea and communist-admiring political party is impermissible. It is understandable that its Constitution holds such stipulation. Consequently, however, what kind of political structure may come into existence? Under the political structure void of communism, after all, bi-partisan system, like that of the United States, with a slight difference between conservatives and non-conservatives or liberals and non-liberals will be practically established. In addition, in Japan before the war, when the communist party was illegal, Seiyu Party and Minsei Party became two major parties and entered into one battle after another only to fail to establish a sound political party government. One of the reasons was that since the communist party was illegal and communist activities were strictly suppressed by the special police, placing the party out of the public sight, the political world did not have to worry about the communist party.

In the postwar Japanese political world, the communist party is legal as long as it does not plot a violent revolution. Political abilities of many parties are to be judged by the distance they keep from the communist party. In this respect, vigilance regarding communist activities now is an everyday concern   and as a result, the Liberal Democratic Party upholding the conservative political line has long held the administration.

In South Korea, there will be no alternative but to maintain stability through bipartisanship. 

Then, the legislators should stop abusing the previous administration and degrading those involved in the former administration every time the government changes hands. In this respect, Lee Jae-myung, who became President with the help of the judiciary, said in his inauguration speech on June 4 that he would “stop the division.” To this end, he should pardon the declaration of martial law by former President Yoon Suk Yeol as a kind of constitutional act. Considering this unthinkable declaration of martial law was an error committed by the opponent and a deplorable selfish goal, it is important for him to leniently cope with it. While in the presidential office, it may be permissible for him to make a law favorable to him such as exempting him from the lawsuit and suspending the trial, but he should not promote legislation which is impermissible under the “rule of law” or “nomocracy.”

Then I want him to work on a constitutional reform so that the division may be removed. To realize this goal, it is necessary to constantly reflect the people’s intention and make adjustments accordingly like the United States with the four-year presidential term, where half of the Congress members are elected through the mid-term election so that the President’s government may be judged by the people.

Expectations from Japan

Allow me to repeat that during his inauguration speech on June 4, the newly elected President   Lee Jae-myung said that he would eliminate the domestic division and internationally make practical diplomatic efforts, valuing the relationship of South Korea, Japan and the United States and Japan-South Korea relationship. This may be realized. In Japan during the time of the Meiji Restoration, before the great cause of national unification, severely conflicting Satsuma and Choshu domains came to unite and form an alliance. Just like what happened in Japan, President Lee Jae-myung may drastically change and stop the long history of ill vengeance on the previous administration, become a truly great president and dissolve the conflict within the country. President Lee himself is to deal with five criminal charges against him. However, he may be possibly pardoned and exempted from the charges forever as a great president by the next president.

However, at the base supporting President Lee Jae-mung lies the magma-like dormant power about to erupt with anti-Japan issues of mobilized workers and comfort women. There may be chances at any moment of the magma erupting and freeze Japan-South Korea relationships like ice. If so, Japan must be fully prepared for any symptom of the Lee Jae-myung administration using the anti-Japan card and if such action becomes imminent, Japan should immediately freeze economic and diplomatic friendship and keep President Lee Jae-myung from making any little steps toward such action. This may turn beneficial for the future decisions that President Lee Jae-myung could make.

At present, both Japan and South Korea suffer declines in the number of births. However, in the global perspective, both countries are ranked among the most advanced in the world. In the average lifespan, Japan ranks first and South Korea third. It is extremely regrettable that between the most advanced countries in the world, a groundless anti-Japan policy is implemented, and anti-Japan sentiment swallows up people’s minds. It may be permissible as historical recognition of the South Korean people that Japan’s annexation of Korea in 1910 was colonization of Korea by Japan, but it was not unilateral exploitation on the part of Japan.

When World War II was over and Korea was revived as one nation, many systems established under Japan’s rule of Korea were preserved. Among those that remained were the police system and the grand and competent bureaucratic system. Looking today at a country that became modernized and one of the most advanced countries in the world, one can understand how valuable the positive heritage of Japan’s rule is. Apart from the emotional aspect, the people must have come to the stage where they can objectively recognize it.

Besides, the anti-Japan feelings in postwar South Korea were purposefully promoted by consecutive governments through anti-Japan education. Present-day South Koreans seems to recognize already that the anti-Japan sentiment was partly brought about by the anti-Japan education. They are now at the stage where they must get rid of anti-Japan feelings for the sake of the honor of South Korea.

Geopolitically, at present, South Korea is in a position where it has to confront the despotic nuclear powers of North Korea, China and Russia. South Korea, Japan, the United States and Taiwan are in the relationship of mutual assistance as universal democracies. If so, there is no room or time for anti-Japan claims under the current circumstances. At any hint of an anti-Japan movement, Japan must immediately freeze the policy of promoting the Japan-South Korea friendship. It is naturally good for Japan to freeze the friendship at the hint of an anti-Japan action on the part of the Lee Jae-myung administration. It is also indispensable, necessary and good for South Korea and the newly elected Lee Jae-myung. In this way, we can help President Lee Jae-myung become the greatest and best president in Korean history.

What I have said so far is not meant to be a patronizing message from Japan. In Japan, too, the judiciary has become abnormal. The Supreme Court of Japan has deteriorated extremely when it comes to judging ability and competence. I am concerned about the judiciary world in Japan and want to have Japanese Constitution reformed as well.

Japanese : https://i-rich.org/?p=1996

Sawada Kenichi
Senior Researcher of International Research Institute

Introduction

Some people say, “The Ainu are a northern people,” “The Aine are not the descendants of the Jomon people,” or “The Ainu are not a Japanese people.” However, these are misunderstood conceptions which may shake the foundation of Japan, and any assertion based on such false recognitions can be extremely dangerous. I will now correct the false recognitions and explain how fallacies put Japan into a crisis.

Mr. Matoba Mitsuaki of Hokkaido is regarded as the leader of the conservative view regarding Hokkaido, and I pay due respect to him for his work. However, when it comes to the issue of Ainu, his view is utterly misleading, and I cannot help condemning him for the dangerous direction to which he may be leading Japan. Let me explain why so.

The fault of Mr. Matoba’s assertion

Once I received a text message from a friend asking if I had seen YouTube video titled “Matoba Class #60: History tells of the Ainu’s genetic element of the Jomon people.”[i] I did not see the video and so immediately checked it. The part of the video about 37 minutes into it, which my friend described as totally astounding, was the most extraordinary explanation that “Ainu are not the descendants of Jomon people, using a chart (Chart 1) of the pedigree which shows Ainu in Hokkaido, Okinawans and the mainlanders derive from the same branch.

If you read this chart correctly, the Ainu, Okinawans and mainlanders derive from the same genetic branch and are all descendants of the Jomon people. Nevertheless, in the video, a completely opposite explanation is calmly being made, which made me totally astounded.

Then, other people contacted me to point out the video is wrong. This video mostly explains the segregated people. Why is it about the segregated people? That is because Mr. Matoba explains that during the Edo period, a large number of segregated people moved from Honshu in mainland to Hokkaido and mixed with Ainu people. Even if it is true that there were certain cases of mixing with the segregated, it is hardly thinkable that all of them were mixed. Even so, this conclusion is clearly wrong.

Chart 1 The Formation Model of people of the Japanese archipelago from the book Japanese People Seen from DNA, written by Saito Naruya, Chikuma Shinsho, 2015.

According to Mr. Matoba’s explanation, “the Ainu people are northern tribe having nothing to do with the Jomon people.” That is, the original Ainu did not have Jomon people’s genes, but the segregated people came and mixed with Ainu, through which Jomon people’s genes entered Ainu people. However, the present-day mainlanders possess about 10% of the genes deriving from the Jomon people. Against this percentage, today’s Ainu people possess about 70% of genes deriving from the Jomon people.[ii] [iii] Should all Ainu people have genetically become segregated people, the ratio of their genes could never reach 70%. It would have been 10% at most.

Using the segregated people up front in a manner like this is extremely inappropriate and poses a serious human rights issue. An academic mistake can be corrected, but a statement made concerning human rights cannot be corrected academically.

Mr. Matoba’s view has many other faults. Let me mention just one more. Thirty-six minutes into the video in question, immediately after Mr. Saito Naruya said, “Ainu are the direct descendants of Jomon people,” Mr. Saito said, “It’s not true,” and this scene is repeatedly quoted. By doing so, it is explained as if Mr. Saito said, “Ainu are not Jomon people’s descendants.”

In fact, I had seen Mr. Saito’s video “Ethnical relationship in East Asia seen from genetic analysis”[iv] before and felt great sense of disparity at the above-mentioned scene, because Mr. Saito squarely explains that Ainu are descendants of the Jomon people in his books. So, I directly called Mr. Saito on the phone to confirm it. Mr. Saito said what Mr. Saito meant in the video was “they were not 100% Jomon people.” I would like Mr. Matoba to read Mr. Saito Naruya’s books once again.

To sum up, what the chart means in Mr. Matoba’s video in question is explained in the context which is opposite to the author’s intention, and this is an academic problem. At the same time, he lightly uses the segregated people in his explanation, which can be said to include a serious human rights issue. It can be concluded that the assertion in the video “Matoba school series #60: History tells the Ainu people’s genetic element of the Jomon people” is inadequate and misleads public opinion.

The danger in Mr. Matoba’s assertion with respect to the relationship with Russia   

Academic errors will occur. Those errors are to be corrected through academic controversies over time. However, when it comes to the issue related to the Ainu, we cannot be so slow and time-consuming. I will explain the reason for quick action now.

Mr. Matoba says that Ainu are a northern tribe who used to live along the Amur River. Then, the Ainu people would become Russian, of which Russian President Putin promptly took advantage. The Hokkaido Shimbun dated December 19, 2018, reported that Russian President Putin showed his intention to acknowledge Ainu people as indigenous Russians. Along this line, J-cast News of April 7, 2022, reported: Russian political science scholar Sergei Chernyakhovsky asserts, “Tokyo (the Japanese Government) inappropriately owns Hokkaido, which was politically Russian territory. As one of the grounds for the assertion it was mentioned that the Ainu people living in Hokkaido are one of Russian peoples. On the next day, April 8, 2022, Vice-Chairman Sergei Mironof of the Russian Lower House reportedly said, “According to experts, the entire hegemony of Hokkaido rests on Russia,” according to zakzak, the official website of Evening Fuji, published by the Sankei Shimbun Company.

Surprisingly, the Japanese Ministry of Education, Culture, Sports, Science and Technology has followed this trend. It instructed that since Hokkaido was inhabited by more populations of other peoples than Japanese up to the Edo period, Hokkaido before the Meiji era did not belong to Japan. In the school textbook accreditation of geology, it was instructed that Hokkaido be shown in white while other parts south of Hokkaido be colored. Thus, logically, Hokkaido is no longer called Japan’s inherent territory.

Under such circumstances, Japan is in the extremely disadvantageous position when it comes to the northern territorial issue. Etorofu and Kunashiri will be no longer Japanese people’s inherent islands. People lived there were Ainu and should Ainu be regarded as Russian people, Japan’s claim to the region will be completely toppled. Let alone, Russia is already claiming its territorial right to Hokkaido, as mentioned above

Should Japan leave these situations as they are, fearfully Japan may become a second Ukraine. In fact, The Newsweek Japan of November 25, 2022, reported, “Russia had been prepared for attack against Japan, not against Ukraine.” This was revealed by email text of an insider of FSB (Federal Security Service of the Russian Federation, formerly KGB). We don’t know how trustworthy this peace of information was, but whether true or not, we must not overlook it nor underestimate Russia.

Ainu seen from genome

According to the study jointly announced in August 2020 by The University of Tokyo, The University of Tokyo Graduate School and Kanazawa University, “Ancient Jomon genome sequence analysis sheds light on migration patterns of early East Asian populations[v], “Ainu are the oldest lineage as inhabitants of Japanese Archipelago and at the same time, highly probably one of the direct descendants of original East Eurasian groups and the lineage of Jomon people is “so old as to compose the “root” of East Eurasians (East Asians, Northeast Asians) and one of the direct descendants of the original East Eurasian populations.”

In gist, Ainu are descendants of Jomon people and therefore genuine Japanese people and more detailedly the oldest inhabitants of the Japanese Archipelago. Ever since recorded history, Hokkaido and Chishima Islands have been inhabited by none but the Japanese people. There is no room for ethnic issues whatsoever. On the contrary, the Japanese people advanced to East Eurasian Continent. In archaeology, in Siberia of the Eurasian Continent, no other ruins are older than those in Japan. Jomon potteries unearthed along the middle and lower Amur are much newer than those found in Japan. The ancient people most certainly came to settle in Siberia, advancing from Japan. If this was the case, Siberia surely belongs to Japan after Putin’s argument.

Certainly, “Ebisu people” and “Emishi people” in the north conflicted with the central government and in order to conquer them, the Barbarian Quelling Generalissimo was appointed and became leader of the Japanese government as “Bakuhu”. The “Bakufu” government and “Ebisu” were key players in Japan’s history, like two sides of the same coin. There is no room at all for Russia to intervene in such history. We must not be trapped into a plot aiming to divide the Japanese people and the conservative parties must duly cope with Russia, sharing this historical view. For that cause, no one should make the wrong assertion related to the Ainu people. 

[i] Matoba Mitsuaski, YouTube “Matoba Intensive Course No. 8 Jomon people’s DNA mixed with the modern Ainu people” (February, 2024) Since this study of mine aims to directly criticize this video of Mr. Matoba, I would like to post this video as below. This video is in Japanese and those who read this “study” in English translation may not fully understand it. I apologize for the inconvenience in advance.

Scholars and researchers cannot speak about the Jomon people’s DNA mixed with Ainu [Matoba...] Accessed by the author as latest as April 27, 2024.  https://www.youtube.com/watch?V=B7cc9OtqPo4

[ii] The Nihon Keizai Shimbun of May 13, 2019 “The origin of the Jomon people probably dates back to 20,000 ~40,000 ago, the National Museum of Nature and Science analyses genomes.

[iii] Hideaki Kanzawa-Kiriyama, Timothy A. Jinam, Yosuke Kawai, Takehiro Sato, Kazuyoshi Hosomichi, Atsuhi Tajima, Noboru Adachi, Hirofumi Matsumura, Kirill Kryukov, Naruya Saito, Ken-ichi Shinoda, Late Jomon male and female genome sequences from the Funadomari site in Hokkaido, Japan, Anthropological Science, Essay ID 190415, publication date 2019/05/29

[iv] Saito Naruya’s YouTube video “The ethnical relationship seen from generic analysis,” (June 2021). This video is also in Japanese. Those who read my paper in English may not fully understand it. The part of this video (twenty minutes into it) is cut out and used in Mr. Matoba’s video of Note 1. But this explanation is introduced in the opposite context to what Mr. Saito means. By the way, Mr. Saito’s books of the same effect are The DNA tells the root of the Japanese people (Bessatsu Takarajima, 2016) and The Origin of the Japanese people traced through nuclear DNA analysis (Kawade shobo, 2017). The author’s latest access to the video: April 27, 2024. https://youtu.be/nb5eunteGa0

[v] Takashi Gakuhari, Shigeki Nokagome, Simon Rasmussen, Morten E. Allentoft, Takehiro Sato, Thorfinn Kornelliussen, Blanaid Ni Chuinneagain, Hiromi Matsumae, Kae Koganebuchi, Ryan Schmidt, Souichiro Mizushima, Osamu Kondo, Nobuo Shigehara, Minoru Yoneda, Ryosuke Kimura, Hajime Ishida, Tadayuki Masuyama, Yasuhiro Yamada, Atsushi Tajima, Hiroki Shibata, Atsushi Toyoda, Toshiyuki Tsurumoto, Tetsuaki Wakebe, Hiromi Shitara, Tsunehiro Hanihara, Eske Willerslev, Martin Sikora, Hiroki Oota, Ancient Jomon genome sequence analysis sheds light on migration patterns of early East Asian populations, Communications Biology 2020

Chart:

Okhotsk Culture people   Hokkaido (Ainu people)  Okinawans  Japan Archipelago mainlanders    Continental Chinese   Korean Peninsula people

10,000 years ago   3,000 years ago  1,000 years ago  present