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The issue seems more a question of extent or gradation, than of propriety or permissibility. 16 It seems, then, more accurate to say that the people are given a definition, an identity, in the 사설토토 act of attribution itself. 13 This, of course, is the very problem that Thomas Jefferson tried to address with his proposition that each generation be entitled to draw up a new constitution.
As was not the case in North Korea, the South's Founding Constitution (art. 15, sec. 3) mandated “due compensation” for private property expropriated for public purposes. This meant the lands expropriated for redistribution according to article 86 had to be paid for; moreover, they would not be given freely to the tenant farmers. This remarkable haste turned out to be highly fortuitous because, by one estimate, up to 70 or 80 percent of the farmland would be redistributed by the time the Korean War broke out in June 1950. 60 Given this starting point, it was perhaps unsurprising that a long and violent series of events had to transpire before a market economy could become an integral part of South Korea's constitutional identity. In this constitutional development, too, the geopolitics of the early Cold War, refracted onto the Korean scene in the form of rivalry between north and south, would play a pivotal role. 58 Peace, industry, and culture under a symbolic emperor polity had suddenly come to form an interlocking constellation of values that, together, defined a new Japanese self-identity.
The list is used to tell who was Japanese friendly and Korean people try to dig up and destroy the tomb of the listed people. Korean government accelerate this movement by enacting the Special law to redeem pro-Japanese collaborators' property in 2005 and nationalize land and other properties owned by descendants of pro-Japanese collaborators. The Japanese rule of Korea also resulted in the relocation of tens of thousands of cultural artifacts to Japan. The issue over where these articles should be located began during the U.S. occupation of Japan. In 1965, as part of the Treaty on Basic Relations between Japan and the Republic of Korea, Japan returned roughly 1,400 artifacts to Korea, and considered the diplomatic matter to have been resolved.
This involvement may be merely gentle suggestions or inducements to adopt certain principles. It may amount to more forceful interventions or an outright imposition of concrete provisions. In response, domestic constitutional actors may take a variety of stances ranging from compliance and cooperation to objection and opposition, to sabotage and subterfuge. 37 Whatever the cause, and whether or not it is conducive to the long-term development of constitutional democracy, this process—by which the people's boundaries are reshuffled and redefined in the course of constitutional founding—deserves careful scrutiny. 36 in postcommunist Central and East European states also involved measures for redefining the boundaries of the people, to the extent that ideology was replaced by ethnicity as the criterion for membership.
Yasukuni Shrine has been a subject of controversy, containing a memorial for 1,043 Japanese and 23 Korean B and C war criminals who were executed, as well as the 14 Japanese A-class war criminals. The presence of these war criminals among the dead honoured at Yasukuni Shrine has meant that visits to Yasukuni have been seen by Chinese and South Koreans as apologism for the wartime era. House of Representatives passed a non-binding resolution calling for Japan to apologize for forcing women into sex slavery during World War II. The resolution was sponsored by Mike Honda (D-CA), a third-generation Japanese-American. On December 13, 2007, the European Parliament adopted a resolution demanding that the Japanese government apologize to the survivors of Japan's military sexual slavery system. This resolution was passed with 54 ayes out of 57 parliament members present. According to the South Korean government, there are 75,311 cultural artifacts that were taken from Korea.
To be sure, there were other references and resources that informed the process of constructing the people as constitutional agent. Yet, the significance of the constitution-making process for each people cannot be fully appreciated without considering the fact that this entailed both undoing Japan's 1910 annexation of Korea and demarcating the two peoples again in political and legal terms. Under these circumstances, allowing locals access to foreigner-only casinos will lead to more gambling addicts. The expansion of gambling industries may promote tourism, increase tax revenues, help job creation and vitalize local economies.
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As with any constitutional founding, the adoption of Japan's postwar constitution involved—and represented in significant ways—the nation's collective attempt to cope with its past. First, thanks in part to its timeliness, later land reforms implemented in those areas of South Korea occupied by the North during the initial phase of the war were not entirely successful despite the North's claim to the contrary. The small landowners newly created by the South's land reform had little reason to welcome yet another measure of redistribution by the communists who, unlike the South's government, imposed restrictions on ownership rights. 70 Both the timeliness and the contents of the reform would have a lasting impact on the subsequent development of South Korea's constitutional identity.
More positively speaking, Masayoshi Son (Son Jeong-ui), a businessman and CEO of Japanese telecom giant SoftBank, is of Zainichi background. In addition, some of Japan's baseball players and martial artists were of Zainichi Korean background, including Rikidōzan (Kim Sin-rak), Mas Oyama (Choi Yeong-eui), Isao Harimoto , and Masaichi Kaneda (Kim Kyung-hong). To avoid discrimination, some Zainichi Koreans have adopted Japanese names.
Even for liberal theorists, who often cast the people's will as a potential threat to individual rights, it is axiomatic that the “people” must be seen as the ultimate source of constitutional legitimacy. The authors would like to thank Carter Eckert, Andrew Gordon, Gary Jacobsohn, Barak Medina, and Joseph Weiler for their thoughtful comments on an earlier draft. We are grateful to the Hague Institute for the Internationalization of Law, Netherlands Institute for Advanced Study, and Harvard-Yenching Institute for providing the ideal environment for writing this article. Kim acknowledges financial support from the Daelim Institute for Social Advancement. 138 Among the many colonial laws remaining in force was the Household Registration Decree of 1922, which had formed the legal basis for the Korean colonial family registry. 114 As it were, the name “Republic of Korea” had to be projected onto the past in order to identify the current members of that state.
I was worried that the smoking room was still smelling and the chairs were empty with cigarettes. If you select this option, we'll highlight hotels and amenities popular with business travelers. Yasukuni Shrine is a Shinto shrine that memorializes Japanese armed forces members killed in wartime. It was constructed as a memorial during the Meiji period to house the remains of those who died for Japan. The shrine houses the remains of Hideki Tojo (東条英機), the Prime Minister and Army Minister of Japan between 1941 and 1944, and 13 other Class A war criminals, from 1978 onwards.