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Title: Questioning the Yasukuni Shrine: On the Lawsuit to Remove Those Enshrined Without Consent

Northeast Asian History Foundation | 225*152mm (A5 New) | 324 pages | July 31, 2014
ISBN 978-89-6187-334-5 93910

This book is based on the briefs submitted to the Japanese court by Korean experts as part of their support for the lawsuit to remove the Koreans enshrined in Yasukuni Shrine without consent. By addressing the issue of the Koreans enshrined without consent, the book clearly reveals the nature of Yasukuni Shrine as a shrine of aggression.
These writings by the lawyers who worked on the lawsuit to remove the Koreans enshrined without consent and by the Japanese supporters of this lawsuit show where the Yasukuni Shrine issue stands today, and that Korea and Japan are continuing to make hopeful efforts to shape a future together.

Contents

Preface 12

Part 1 Yasukuni Lawsuit and Law

What the “No to Enshrinement! (NO!合祀)” Lawsuit Questions | YAMAMOTO Naoyoshi

I. Introduction 25
II. Outline of the “No to Enshrinement!” Lawsuit 28
   1. What Claims Were Made? 28
   2. Details of How the Victims Were Drafted and Died 29
   3. Various Forms of the Deaths 32
III. Demanding Removal from the Shrine 33
   1. What Does It Mean to Be Enshrined? 33
   2. What Kind of a Shrine Is the Yasukuni Shrine? 35
   3. Unchanged Post-war Reality of the Yasukuni Shrine 37
   4. Episodes in Court 40
IV. What It Means for Koreans to be enshrined at Yasukuni 41
   1. What the Plaintiffs Are Questioning 41
   2. Details of How Koreans Were Enshrined 42
   3. Why 1959? 45
   4. Violation of Personal Rights by Enshrining Koreans 51
V. The Issue of the Living ‘Fallen Hero’ 58
   1. What War Means to Kim Hee-jong 58
   2. Consequences of Easily Acknowledging ‘Killed in Action’ 60
   3. Why Were Survivors Enshrined? 62
VI. Prospects 63
   1. Hope: Reflecting upon the First Trial 63
   2. When History Takes the Stage of History 64

‘Thinking about the Dead’ Dims Views on History | UCHIDA Masatoshi
- Criticism of the Toyko District Court Ruling on the Yasukuni Lawsuit

I. Plaintiffs Unconvinced by a Ruling in Which the Perpetrator Refers Victims to ‘Tolerance’ 69
II. What Kind of Place Is the Yasukuni Shrine? 71
   1. Yasukuni Shrine’s Perception of History 71
   2. Japanese Government’s Official View and Common Sense in the International Community 74
   3. Yasukuni Shrine Denying the Preamble to Korea’s Constitution, the Cornerstone of Korea’s Foundation 75
   4. Why the Yasukuni Shrine Cannot Change its Pre-War Perception of History 77
III. Yasukuni Shrine Cleverly Using Pre-War and Post-War Situations 79
   1. Yasukuni Shrine’s Use of ‘Religious Freedom’ for Evasion 79
   2. Yasukuni Shrine Rubbing Salt into the Wound 80
   3. Joint Action by the State and the Yasukuni Shrine 81
IV. Illusion of the Yasukuni Shrine’s Exclusivity over the War Dead 82
   1. Why the Yasukuni Shrine Cannot Remove Those Enshrined 82
   2. Illusion that Criticizing the Yasukuni Shrine Amounts to Insulting the War Dead 84
   3. Difference between Enshrinement at the Yasukuni Shrine and the National War Dead Memorial Service 85
   4. Yasukuni Shrine, where Leaders of Japan are Unable to Visit 85
V. The Yasukuni Shrine Issue, an Obstacle to Realizing a ‘Northeast Asian Community’ 88
VI. ‘Thinking about the Dead’ Dims Views on History
- Yasukuni Shrine’s Survival by Using the Dead 89
VII. Court’s Responsibility 94

Yasukuni Lawsuit and Argument for Religious Tolerance | LEE Seok-tae

I. Introduction 97
II. Yasukuni Shrine: History of Suppressing Other Religions and Religious Intolerance 103
   1. Case of Japan 103
   2. Religious Oppression in Colonial Joseon 107
III. Request to Remove Those Enshrined Prior to the Gokoku Shrine Lawsuit 109
IV. Religious Tolerance in Light of the Definition of ‘Tolerance’ 112
V. Religious Tolerance in the West: Locke and Voltaire 114
VI. Separation of Church and State: The Case of the United States 117
VII. International Covenants on Human Rights and Religious Tolerance 119
VIII. Conclusion 121

Part 2 Yasukuni Shrine and Joseon and Korea as Japanese Colonies

How Koreans Came to be Enshrined during the Colonial Period | Nogi Gaori

I. Introduction 125
II. How Koreans Came to Be Enshrined in the Yasukuni Shrine during the Colonial Period 126
   1. Yasukuni Shrine’s Process of Enshrinement 126
   2. How Koreans Were Enshrined in the Yasukuni Shrine 131
III. How the Gokoku Shrine Was Established 136
IV. Military Draft and Enshrinement of Koreans 143
   1. Yasukuni as a Means of Military Draft 143
   2. Enshrinement as Propaganda for Military Draft 146
V. Conclusion 153

Colonial Experience of Koreans and Their Perception of the Yasukuni Shrine | KIM Seung-tae

I. Introduction 157
II. Shrine for Aggressors and Perpetrators 157
III. Shrine for Pro-Japanese Cooperators and Traitors 165
IV. Tool of Aggression to Obliterate Korean Culture and Spread the Japanese Emperor System Ideology 167
V. Key Facility for Wartime Mobilization and Exploitation 173
8 Questioning the Yasukuni Shrine
VI. Symbol of Imperial Japan’s Aggression and Control 176
VII. Conclusion 183

Korean Memorial Culture and the Yasukuni Shrine Enshrinement Issue | JI Young-im

I. Introduction 187
II. Issues of the Yasukuni Trial 189
III. Traditional Korean View on Life and Death and the Yasukuni Shrine Enshrinement Issue 196
   1. Traditional Korean View on Life and Death 196
   2. Yasukuni Shrine Enshrinement Issue 199
IV. Memorial Rites According to the Bereaved Families’ Statements 204
V. Conclusion 209

How Koreans Came to be Enshrined in the Yasukuni Shrine after Liberation without Consent | NAM Sang-gu

I. Introduction 213
II. Japanese Government and Yasukuni Shrine Conspire to Enshrine Koreans 214
   1. The Legal Status of Koreans as Foreigners under the Domestic Law of Japan after its Defeat in the War 214
   2. Post-liberation Legal Status of Koreans Drafted and Killed as Citizens of the Republic of Korea under Korea’s Domestic Law 215
   3. Former Japanese Ministries of Army and Navy’s Decision to Enshrine Koreans 217
   4. Ministry of Health that Took Over the Work of Former Ministries of Army and Navy Conspire to Enshrine Koreans Jointly with the Yasukuni Shrine 218
   5. The Diet of Japan ‘s Condone of the Government’s Cooperation with the Yasukuni Shrine for Enshrinement 221
   6. Exclusion from Enshrinement of Koreans Drafted According to the Mobilization Act, etc. and Killed, Unlike the Japanese 223
III. Yasukuni Shrine’s Enshrinement of Koreans Based on Information Provided by the Japanese Government 224
   1. Japanese Government’s Provision of Necessary Information to the Yasukuni Shrine about Koreans to Enshrined 224
Contents 9
   2. Yasukuni Shrine Finds Justification for Enshrinement in Information Provided by the Japanese Government 227
IV. Conclusion 229

Report on Investigation of Aggression Shrine Sites (in Seoul) | Jushi Minoru

I. Introduction 233
II. Joseon Shrine 236
III. Gyeongseong Shrine 248
IV. Nogi-sha [乃木社], Sessha (攝社 Auxiliary Shrine) of Gyeongseong Shrine 256
V. Gyeongseong Gokoku Shrine 260
VI. Suncheon Shrine 264
VII. Conclusion 267

Part 3 Litigation, Movement, and History

Claims Including Hesei 19 (Wa) No. 4657 for Removal of the Enshrined WWII War Dead
Headnote 271
   1)Text of Judgment 271
   2)Overview of the Case 271
   3)Summary of the Court’s Judgment on Major Issues 272

Brief
I. Introduction: Compassion to Suffering and the Issue of ‘Second Infliction’ 283
   1. Problems with the Judgment of the First Trial 283
   2. Enshrinement at the Yasukuni Shrine and ‘Second Infliction’ 287
   10 Questioning the Yasukuni Shrine
II. The Korean Supreme Court Judgment on Japanese Companies and its Relations with the Constitution of the Republic of Korea 290
   1. Non-admission of the Validity of Japan’s Judgment 290
   2. Spirit of the Republic of Korea’s Constitution 291
   3. Enshrinement of Koreans at the Yasukuni Shrine and the Core Value of the Republic of Korea’s Constitution 299
III. What Kind of a Place Was the Yaskuni Shrine to Koreans throughout History? (Omitted) 300
IV. How Koreans Came to be Enshrined at the Yasukuni Shrine after Liberation without Consent: The Japanese Government’s Responsibility (omitted) 300
V. Memorial Culture of Korea and Enshrinement at the Yaskuni Shrine (Omitted) 300
VI. Conclusion 301

Remove My Father’s Name | LEE Hee-ja 306
- Final Statement of Appeal at the Tokyo High Court of Japan
History of Joint Anti-Yasukuni Action 314

Index 318