| Summary/Abstract |
This article looks at lawsuits surrounding two Chinese cemeteries in the mid-twentieth century South Korean cities of Incheon and Seoul as crucial sites to examine the post-colonial legal construction of national citizenry based on property rights. While different legal rationales were employed in each case, the two Chinese cemeteries were relocated to the periphery of each city as a consequence of the litigation. In Incheon, it was argued that the cemetery was owned by Chinese nationals whose land rights were ambiguous and hence open to question, both during the colonial and post-colonial period. On the other hand, in Seoul, rights to the cemetery were at stake due to its association with Japanese nationals, whose holdings were regarded as ‘enemy properties’ in the post-colonial years. Not only were the lawsuits symbolic events that foreshadowed the displacement of Chinese residents from what was considered to be Korea's national land, they also revealed an operative ambiguity in the post-colonial legal system, readily exploited as a tool for discrimination. Drawing upon an analysis of these cases, I argue that the Chinese cemeteries served as a reminder that uncertainty and ambiguity were on tap in the legal workings of post-colonial society, manifested in blunt efforts to define its legitimate members and dictate who is entitled to be buried within a nation's borders.
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