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Articles

The life and trial of Cho Un-kuk, Korean war criminal

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Pages 329-352 | Received 15 Dec 2017, Accepted 23 Apr 2018, Published online: 07 May 2018
 

ABSTRACT

In 1946, a British military court in Singapore tried a Korean national named Cho Un-kuk for war crimes against Allied prisoners of war on the Thailand–Burma Railway during the Second World War. The evidence against Cho was scanty, but he had been part of a group of Korean guards notorious for brutality towards prisoners. In expedited proceedings relying heavily on affidavit material, Cho was found guilty and sentenced to fifteen years in prison. The trial revealed both Cho’s unexpected transnational background as a dentist in pre-war British India and the complex position of Korean guards on the Railway. Often characterized as universally brutal as a result of their own ill-treatment by the Japanese colonial system, the guards responded in many different ways to the pressures and opportunities of service subordinate to the Japanese military. After sentencing, Cho served time in Singapore and Japan. He left prison a broken man in 1955. Like other Koreans who had been in Japanese military employment, he was spurned by other Koreans as a collaborator. Only in 2006, after his death, was he officially recognized as an unwilling conscript into Japanese service. His case illustrates the difficulty of distinguishing victims and perpetrators in the tangled circumstances of the Second World War.

Acknowledgements

I would like to thank Sandra Wilson and an anonymous reader for their helpful comments on earlier drafts of this article.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes on contributor

Robert Cribb is Professor of Asian History at the Australian National University. He is the author, with Sandra Wilson, Beatrice Trefalt, and Dean Aszkielowicz, of Japanese War Criminals: The Search for Justice after the Second World War (Columbia University Press, 2017) and, with Helen Tiffin and Helen Gilbert, of Wild Man from Borneo: A Cultural History of the Orangutan (University of Hawai’i Press, 2014).

Notes

1 趙雲國 (hanja). The trial documents do not render Cho’s name in hangul, but it was presumably 조은국, rendered today as Cho Eungug. Many Koreans who adopted Japanese names took names with elements drawn from their Korean names; for instance, the surname Kim (“gold”) often appeared in Japanese surnames as “Kana-“ or “Kane-.” Cho, by contrast, used his given name: although 雲國 today means “silver land,” its classical Chinese meaning is “cloudy land,” close in meaning to the Japanese surname Kumoi (雲井), meaning “sky, cloud” or “distant place.”

2 Trial of Usuki Kishio and nine others, Singapore, 12, 13, 19 & 22 August 1946, National Archives (UK) [hereafter NA (UK)], WO 235/918, p. 2. This file contains the trial record, documents submitted to the court, and documents arising from the verdict and sentences. The pages are numbered 1–526. In this article, the trial record is cited as Trial of Usuki Kishio and nine others, with page number; ancillary documents are cited by title or other identifier, with Usuki trial and page number.

3 Shin Citation2004, 260–262.

4 On professional and higher education in the colonial period, see Abe Citation1971, 174–196.

5 “Introduction,” Citation2011, 1.

6 Michael Heseltine (Registrar) to Sir Rupert B. Howorth, Privy Council Office, September 23, 1941, NA (UK), CO 859/62/11.

7 Quoted in Everest-Phillips Citation2007, 243. See also Ten Years of Japanese Burrowing in the Netherlands East Indies [Citation1942].

8 Brand Citation1938, 109. This letter was dated October 9, 1919.

9 Blackater Citation1948, 81.

10 Blackater Citation1948, 81.

11 “Indo-Japanese Trade,” Citation1941, 1; “Japanese Nationals Rounded Up in India,” Citation1941, 3.

12 See the extensive discussion in NA (UK), CO 859/62/11. The rescission was not formalized until February 9, 1942, well after the outbreak of the Anglo-Japanese hostilities in Asia.

13 “Japanese Nationals Rounded Up in India,” Citation1941, 3.

14 Wilson Citation2017, 23; Cho Citation2011, 16–17. I am grateful to Choi Hyaeweol and Shin Hee-seok for assisting me with access to this report.

15 Wilson Citation2017, 23.

16 Utsumi Citation2008. I am grateful to Sandra Wilson for her translations of Utsumi’s Japanese-language work.

17 On Korean labor for and employment by the Japanese authorities, see Naitou Citation2006 and Palmer Citation2013.

18 Motoyama Kinzo, sworn statement, March 15, 1946 (Usuki trial, 477); Iwaya Taikyo, sworn statement, March 18, 1946 (Usuki trial, 478); Matsumoto Meizan, sworn statement, March 15, 1946 (Usuki trial, 480). For an extensive discussion of the possible motives of Korean recruits and their subsequent explanations for their choices, see Wilson Citation2017, 24–25 and Palmer Citation2013, 153.

19 Application for parole, Kumoi Eiji, n.d., NA (UK) FO 371/105433.

20 Yi Citation1993, 121.

21 Particulars of accused, Kumoi Eiji (Usuki trial, 525); Utsumi Citation2008, 67–78; Utsumi n.d.; Utsumi Citation2001, 203; Cho Citation2011, 15–29.

22 See also Yi Citation1993, 121.

23 Hull to American Legation, Bern, “American Interests,” December 18, 1941, NA (UK), WO 325/157; Boister and Cryer Citation2008, 58, 106.

24 Wilson Citation2017, 25.

25 On the Railway, see McCormack and Nelson Citation1993; Kratoska Citation2006; Totani Citation2015, 77–101; and “Thai–Burma Railway and Hellfire Pass,” Citation2017.

26 The brief statement of Cho’s service record in a post-war list of detainees at Bangkwang Jail indicates that he was also at Arrow Hill (km 110) and Banpong (km 3) in mid-1943. See “War Service Histories of War Criminal suspects held at Bangkwang Gaol, Bangkok,” n.d. [July 1946] NA (UK), WO 208/3829, 39.

27 A vast literature describes the experiences of prisoners on the railway. Coast Citation1946 and Rivett Citation1946 were early and influential examples of a genre of writing which emphasized the cruelty of the treatment meted out to prisoners and the hardship caused by the difficult environment. Other early memoirs sometimes gave a more balanced picture. For a recent fictionalized account, see Flanagan Citation2013.

28 Trial of Lt Gen Ishida Eiguma and four others, Singapore, Oct.-Dec. 1946, NA (UK), WO 235/963, 290.

29 See A.F. Gates to Judge Advocate General, 21 March 1946, NA (UK), WO 311/547.

30 John Richardson, Q-form, n.d. (Usuki trial, 128).

31 J. Davie to Judge Advocate General, 18 March 1946, NA (UK), WO 311/547.

32 See Yu Jose Citation2012.

33 Particulars of Accused, Usuki Kishio, Hiramatsu Aitaro (Usuki trial, pp. 506–509).

34 “Report on A.I.F. [Australian Imperial Forces] ‘K’ Force (medical),” in Kratoska Citation2006 vol. 3, 102–103.

35 On Allied planning for trials, see Wilson et al. Citation2017, 12–40.

36 BT Siam to ALFSEA, 27 Nov. 1945, NA (UK), WO 172/10042.

37 COMGENCHINA to CINC Hong Kong, September 27, 1945, Public Record Office (Hong Kong), 169–2-147; “Brief for C.G.S.: Number of JSP confined in civil jails in S.E.A.,” [November 1946], NA (UK), WO 203/6087.

38 Kushner Citation2015, 174–186.

39 McCormack Citation1993, 112.

40 McCormack Citation1993, 86–87.

41 E.g. “Japs Gentlemen Compared with Korean Guards,” Citation1948, 5.

42 “Citation608 A.I.F. Men Drown,” Citation1944, 1; McCormack Citation1993, 86–87.

43 Bancroft and Roberts [Citation1945], 94.

44 “Major A. A. Moon performing a haemorrhoid operation at the Regimental Aid Post at Tamuang POW Camp.” Accessed December 14, 2017: http://singaporewarcrimestrials.com/case-summaries/detail/073.

45 George James Kemp, affidavit, February 11, 1946 (Usuki trial, 464).

46 Tamuang, Siam (Railway camp), NA (UK), WO 311/547.

47 E. Motley to Judge Advocate General, March 22, 1946, NA (UK), WO 311/547.

48 S. Taylor to Judge Advocate General, March 15, 1946, NA (UK), WO 311/547.

49 Reginald Charles Bulled, affidavit, May 4, 1946, NA (UK), WO 311/547.

50 Arthur Stimson, affidavit, April 24, 1946, NA (UK), WO 311/547.

51 Stanley Taylor, affidavit, April 11, 1946, NA (UK), WO 311/547.

52 Edwin Motley, affidavit, April 11, 1946, NA (UK), WO 311/547.

53 Judge Advocate General to C.F. Skeet, March 13, 1946, NA (UK), WO 311/547.

54 Harry Tootell, affidavit, April 27, 1946 (Usuki trial, 95); R.W. Long, affidavit, n.d. (Usuki trial, 146).

55 Tamuang Camp Appendix D, NA (UK), WO 311/547; A.E. Knights, statement, n.d. (Usuki trial, 390); Alfred Ernest Knights, affidavit, January 8, 1946 (Usuki trial, 395).

56 Wilson Citation2017, 26–31.

57 Particulars of Accused, Motoyama Kinzo, Matsumoto Meizan, Tokuyama Mitsuo, Iwatani [i.e., Iwaya] Taikyo, Tomotama Jugen, Morimoto Kinei, Minaka Shunsaku (Usuki trial, 510–523).

58 Trial of Usuki Kishio and nine others, 25.

59 A summary of data on the Singapore trials is available at http://singaporewarcrimestrials.com, accessed September 9, 2017. On the trial process in general, see Wilson et al. Citation2017, 67–101.

60 Kawazoe was the author of Beikoku ni okeru han-torasuto ho no kenkyu: Study of anti-trust law in America (Tokyo: Saiko saiban-sho, Shōwa 24 [1949]). Record from Worldcat.

61 Trial of Usuki Kishio and nine others, 24.

62 “Tamuang camp. Also known as or including camps known as Talat-tah-Muang and Wangkanai,” NA (UK), WO 311/547.

63 Harry Tootell, affidavit, April 27, 1946 (Usuki trial, 94).

64 E. Motley to Judge Advocate General, March 22, 1946, NA (UK), WO 311/547. See also Francis Edward Hugonin, affidavit, November 26, 1945, NA (UK), WO 311/547.

65 Knights Citation2013, 144.

66 Trial of Usuki Kishio and nine others, 3, 22–23.

67 Trial of Usuki Kishio and nine others, 26–27, 29.

68 Trial of Usuki Kishio and nine others, 33–34.

69 R.C. Bulled, affidavit, May 4, 1946 (Usuki trial, 89); A. Stimson, affidavit, April 24, 1946 (Usuki trial, 96).

70 George Kemp, affidavit, February 11, 1946 (Usuki trial, 465).

71 J.C.B.M. van der Linde, Q-form, n.d. (Usuki trial, 139); C. Tipping, Q-form, n.d. (Usuki trial, 137); W.J.D. Boyd, Q-form, n.d. (Usuki trial, 150); J.W.C. Donald John, Q-form, n.d. (Usuki trial, 319).

72 Trial of Usuki Kishio and nine others, 44. See also John Ross, affidavit, May 10, 1946 (Usuki trial, 265).

73 Leonard Appleby, affidavit, May 6, 1946 (Usuki trial, 294); James Davie, affidavit, March 31, 1946 (Usuki trial, 299).

74 Trial of Usuki Kishio and nine others, 43.

75 R.W. Long, affidavit, n.d. (Usuki trial, 146); punctuation follows the original text.

76 Henry John Marsh, affidavit, January 23, 1946 (Usuki trial, 122); H.J. March, Q-form, n.d. (Usuki trial, 152); Thomas Litherland, affidavit, February 19, 1946 (Usuki trial, 417).

77 Kawazoe Toshioki, “Closing address in defence of the accused” (Usuki trial, pp. 482–488).

78 Cross-examination “is beyond any doubt the greatest legal engine ever invented for the discovery of truth” according to the authoritative Wigmore Citation1940, vol. 5, 29.

79 Motoyama Kinzo, sworn statement, March 15, 1946 (Usuki trial, 477); Iwaya Taikyo, sworn statement, March 18, 1946 (Usuki trial, 478).

80 Matsumoto Meizan, sworn statement, March 15, 1946 (Usuki trial, 480).

81 Silver Citation1998, 275.

82 On the distinction between procedural and substantive justice, see Sadurski Citation1985, 49–56.

83 Hughes Citation1958.

84 Haney, Banks, and Zimbardo Citation1973.

85 Utsumi Citation2008; McCormack Citation1993, 86–87, 92, 112.

86 See also Wilson Citation2017, 29.

87 Blackater Citation1948, 81. Subsequent mentions of Cho in this memoir, however, portrayed him as innocuous (Blackater Citation1948, 82, 85, 173, 175–176).

88 Trial of Usuki Kishio and nine others, 79.

89 Kawazoe Toshioki, “Humble petition,” September 5, 1946 (Usuki trial, 11–16).

90 DJAG, ALFSEA to Commander Singapore District, September 28, 1946 (Usuki trial, 8–10).

91 Application for parole, Kumoi Eiji, n.d., NA (UK), FO 371/105433.

92 Pritchard Citation2006, 308–311.

93 Memorandum War Office trial no 160/J, n.d., NA (UK), FO 371/105433.

94 Wilson et al. Citation2017, 140–147.

95 Copy of Note Verbale from Ministry for Foreign Affairs, Tokyo, July 22, 1952, NA (UK), FO 371/99516.

96 Korean Women’s Association in Japan to British Ambassador, July 8, 1952, NA (UK), FO 371/99516.

97 Supreme Court of Japan, “Decision in the Habeas Corpus case involving Korean and Formosan war criminals,” July 30, 1952, NA (UK), FO 371/99516.

98 NOPAR, “A decision on recommendation for release,” June 30, 1952, NA (UK), FO 371/99516.

99 Application for parole, Kumoi Eiji, n.d., NA (UK), FO 371/105433.

100 “Guard Eiji Kumoi,” n.d.; Decision on recommendation for parole, Kumoi Eiji, July 25, 1952, NA (UK), FO 371/105433; British Embassy in Tokyo to Foreign Office, November 4, 1953, NA (UK), FO 371/105448.

101 Wilson et al. Citation2017, 257.

102 Chatani Citation2008; Underwood and Hankyoreh Citation2010.

103 Utsumi Citation2001, 201, 213–216; “Spared Korean War Criminal Pursues Redress,” Citation2007; Gil Citation2015; Gil Citation2007.

104 Kim Citation2014, 15–34.

105 Cho Citation2011, 50.

106 See, for instance, “Korea Admits Tokyo War Crimes Tribunals Void?,” Citation2006; “South Korea's Dangerous Political Immaturity,” Citation2006.

Additional information

Funding

This work was supported by Australian Research Council [DP150100906].

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