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The Invasive Characteristics of Modern Diplomacy in 47 Treatys
    Lee Kyung-mi, Research Fellow of Institute on Korea-Japan Historical Issues at NAHF

The Invasive Characteristics of Modern Diplomacy in 47 Treatys


2020 was the 110th year since Japan forced ‘annexation treaty’ to the Korean Empire. NAHF published a sourcebook covering treaties and agreements between Korea and Japan. This book contains the opening of Joseon through The JapanKorea Treaty of 1876, The Japan's Forced Annexation of Korea in 1910, and the colonization. The purpose of this is to reveal the process of invasion in the form of Western modern diplomacy since the Meiji Restoration.

    

    

The contents of the sourcebook

    

The Sourcebook on the Korea-Japan Treaty(1876-1910) - Invasions Packed in the Name of Modern Diplomacycontains the original texts, translations, and commentaries of 47 treaties. We used the original text of the Korean side(Chinese·Korean and Chinese characters) and translated it into modern Korean. And we presented the agency that held the original version of the treaty, and the image of the treaty. Commentary was written with the help of a writer who majored in Korean modern history and history of Korea-Japan relations(Hyun Myung-chul, Cho Kook, Park Han-min, Han Cheol-ho, Kim Jong-hak, Choi Duk-soo). When writing a commentary, 1) provide an outline, 2) describe background and process of the treaty, 3) analyze the contents by provision, and 4) reveal the historical significance, 5) and additional references were presented as related documents.

    

The treaties of this book were placed in each field according to the attributes rather than the passage of time. In particular, the sourcebook included all of the treaties related to political events, including The Un'yō incident, The Imo Mutiny in 1882, The Gapsin Coup, The Sino-Japanese War, and The Russo-Japanese War. And it expanded its scope to the economic and social sectors.: The Treaty on the International Status of Joseon (II), The Treaty on Settlement(Residence) (III), The Treaty on Trade, Fisheries, and Finance (IV), The Treaty on Traffic, Telegraph and Transportation (V), The Treaty on Police and Judiciary (VI), The Basic Treaty on Invasion of the National Authority (VII).

    

The Japan–Korea Treaty of 1876 (Source: Japan Center for Asian Historical Records)

The Japan–Korea Treaty of 1876 

(Source: Japan Center for Asian Historical Records)

    

The Treaty on the International Status of Joseon

    

The diplomatic relations between Korea and Japan have been in conflict since the Meiji government. ‘The JapanKorea Treaty of 1876’ means that the relationship has been reestablished in a modern form. The treaty was accompanied by an act of aggression called 'warships' and 'armed demonstrations'. And since it was concluded within the modern international legal framework, the diplomatic relations between Korea and Japan with a history of 260 years were renewed in modern style. In that sense, it is necessary to rigorously analyze the character of The JapanKorea Treaty of 1876’s appendix replacing The Korea-Japan Trade Treaty in the Year of Giyu. This book includes treaties that symbolically reveal the modern history of Korea, which is a mixture of invasion and modernity.

    

    

The Treaty on Settlement(Residence)

    

The treaty was concluded with the establishment of modern relations and the transformation of traditional relations. This also shows the process of invasion to colonial rule. Japan applied the contents of the inequality treaty with the West to Joseon, and coordinated or conflicted with the powers over the control of settlement. This expansion of Japan's rights and interests led to the invasion of national sovereignty, which eventually resulted in colonial rule.

    

Land Regulations for the General Foreign Settlement at Chemulpo(仁川濟物浦各國租界章程) (Source: National Library of Korea)

Land Regulations for the General Foreign Settlement at Chemulpo(仁川濟物浦各國租界章程) 

(Source: National Library of Korea)

    

The Treaty on Trade, Fisheries, and Finance

    

‘The Treaty on Trade, Fisheries, and Finance’ shows how Japan tried to reshape its relationship with Joseon throughout economic activity, not in certain areas such as trade or fisheries. See the process of ‘The Commercial Treaty between Joseon and Japan in 1883’ and ‘The Jemulpo Treaty’. Then we can confirm that Japan has tried to make provisions favorable to them, paying attention to the relationship between Joseon-Qing and Joseon-Russia. Japan also tried to expand the fishing area of ​​Japanese fishermen to the Korean peninsula after the Russo-Japanese War and establishment of the Residency-General. They tried to make an economic advantage for them and penetrate Joseon. Such attempts were made in financial areas such as lending loans and the establishment of the Bank of Korea.

    

    

The Treaty on Traffic, Telegraph and Transportation

    

‘The Treaty on Traffic, Telegraph and Transportation’ lets us know the process of construction and inflow of infrastructure that caused modern change in Joseon society. On the one hand, it is a history of invasion. Having experienced the Imo Mutiny in 1882, we felt the need to establish a communication means to respond quickly to the disturbances in Korea. And that led to the signing of The Korea-Japanese Underground Cable Construction Treaty(朝日海底電線敷設條約). After the outbreak of the Russo-Japanese War, an agreement was made to entrust all rights to Korean facilities for communication to Japan. Therefore, Japan has signed a treaty to monopolize the interests of Korea and invade the sovereignty of Korea while competing with Qing or Russia.

    

    

The Treaty on Police and Judiciary

    

The invasion continued in areas related to judicial power and police authority. In 1909, a memorandum on the judicial and prison of Korea was signed between the two countries. At that time, the Korean judicial system was already dominated by Japanese judges and prosecutors. Nevertheless, the reason Korea signed this is to abolish the consular jurisdiction allowed by the powers. Japan's perception of Korea has been transformed into a ‘controlled state’, not a ‘protected state’. This has changed Japan's policy toward Korea. And the police authority agreement and memorandum made between 1907 and 1909 show the process of introducing the military police during the Japanese colonial period.

    

The Korea-Japan Annexation Treaty of 1910 (Source: Kyujanggak Institute for Korean Studies)

The Korea-Japan Annexation Treaty of 1910 

(Source: Kyujanggak Institute for Korean Studies)

    

The Basic Treaty on Invasion of the National Authority

    

The time of the invasion of national authority was accelerated by the Russo-Japanese War. This period is the starting point for liquidating past problems between Korea and Japan, and the perceptions of both countries are sharply confronted. The treaties at this time did not meet the form of the modern treaty(delegation, ratification, signing, etc.). The Korea-Japan Protocol and the Agreement on the Invitation of Advisors lack delegation and ratification. And the Eulsa Treaty omits delegation, ratification, and signing. Also, the Korea-Japan Annexation Treaty of 1910 lacked procedures, and Sunjong refused to ratify it. The reason for the omission of the formal procedure was that Korea's stubborn opposition was expected. This sourcebook pointed out that Japan was aware of enforcement and illegality of the treaty through these facts.