Japan-Korea Agreement of August 1905
Encyclopedia
The Japan-Korea Protocol of August 1905 was made between representatives of the Empire of Japan
and the Korean Empire
in 1905. Negotiations were concluded on August 13, 1905.
The treaty preamble asserted that the Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan
and the Minister of State for Foreign Affairs of His Majesty the Emperor of Korea were "respectively duly empowered" to negotiate and to agree upon the specific language of the proposed bilateral treaty:
Japanese vessels shall be at liberty to navigate along the coasts and in inland waters of Korea for the purpose of trade in accordance with the stipulations of the present Agreement, which, however, shall not be applicable to navigation between the open ports.
Licenses shall be obtained for all Japanese vessels to be employed in navigation of the coasts and inland waters, upon reporting through the Japanese Consular Officers to the Korean Customs the names and residence of the owners, the names, types and carrying capacity of the vessels, as well as the limits within which such vessels are to navigate. Licenses shall be available for one year from the date of their issue.
Upon receipt of the licenses, fees shall be paid to the Korean Customs ....
Japanese vessels may freely navigate within the limits specified, but shall not proceed to any place not in Korean territory, except in case of stress of weather or other emergency, or in case special permission has been obtained from the Korean Customs.
The licenses shall be carried on board the vessels during their voyages and shall be shown whenever requested by the Korean Customs, or by local officials of Korea, or by the Chiefs of villages duly authorized by such local officials.
Japanese shipowners shall have liberty to lease land for the purpose of building warehouses at the places where their vessels call. Such owners may also construct piers or wharves on the banks and coasts with the permission of the Korean Customs.
In case of infraction of the present Agreement by a Japanese vessel, the Korean Customs may cause the license of such vessel to be confiscated, or may refuse to issue a new one, if the offence be found, upon examination, to be of a grave nature.
When a Japanese vessel, or the crew thereof, infringes the stipulations of the present Agreement or of other treaties, or when a member of the crew commits any crime, the Japanese Consular Officers shall deal with the case in accordance with the provisions of the treaties and the laws of Japan.
The present Agreement shall remain in force for a period of fifteen years from the date of its signature, and after the expiration of such period, further arrangements may be made by mutual agreement.
This "alleged treaty" was contrived in a coercive process; and Koreans sought to invalidate the unwanted consequences by presenting evidence to the international community. For example,
This treaty was confirmed to be "already null and void" by Treaty on Basic Relations between Japan and the Republic of Korea
concluded in 1965.
In 2010, Japan argued that the chronological point of reference for "already null and void" was August 15, 1948, when the government of the Republic of Korea was established. This point-of-view is disputed by the Korean analysis, which construes the 1965 treaty as acknowledgment of the nullification of all Japanese-Korean treaties and agreements from 1904 onwards.
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
and the Korean Empire
Korean Empire
The Greater Korean Empire was an empire of Korea that succeeded the Joseon Dynasty.In October 1897, Emperor Gojong proclaimed the new entity at Gyeongungung Palace and oversaw the partially successful modernization of the military, economy, land system, education system, and various industries...
in 1905. Negotiations were concluded on August 13, 1905.
Treaty provisions
This treaty granted permission to Japanese vessels to navigate coastal and inland waters of Korea.The treaty preamble asserted that the Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of Japan
Emperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
and the Minister of State for Foreign Affairs of His Majesty the Emperor of Korea were "respectively duly empowered" to negotiate and to agree upon the specific language of the proposed bilateral treaty:
- Article I.
Japanese vessels shall be at liberty to navigate along the coasts and in inland waters of Korea for the purpose of trade in accordance with the stipulations of the present Agreement, which, however, shall not be applicable to navigation between the open ports.
- Article II.
Licenses shall be obtained for all Japanese vessels to be employed in navigation of the coasts and inland waters, upon reporting through the Japanese Consular Officers to the Korean Customs the names and residence of the owners, the names, types and carrying capacity of the vessels, as well as the limits within which such vessels are to navigate. Licenses shall be available for one year from the date of their issue.
- Article III.
Upon receipt of the licenses, fees shall be paid to the Korean Customs ....
- Article IV.
Japanese vessels may freely navigate within the limits specified, but shall not proceed to any place not in Korean territory, except in case of stress of weather or other emergency, or in case special permission has been obtained from the Korean Customs.
- Article V.
The licenses shall be carried on board the vessels during their voyages and shall be shown whenever requested by the Korean Customs, or by local officials of Korea, or by the Chiefs of villages duly authorized by such local officials.
- Article VI.
Japanese shipowners shall have liberty to lease land for the purpose of building warehouses at the places where their vessels call. Such owners may also construct piers or wharves on the banks and coasts with the permission of the Korean Customs.
- Article VII.
In case of infraction of the present Agreement by a Japanese vessel, the Korean Customs may cause the license of such vessel to be confiscated, or may refuse to issue a new one, if the offence be found, upon examination, to be of a grave nature.
- Article VIII.
When a Japanese vessel, or the crew thereof, infringes the stipulations of the present Agreement or of other treaties, or when a member of the crew commits any crime, the Japanese Consular Officers shall deal with the case in accordance with the provisions of the treaties and the laws of Japan.
- Article. IX.
The present Agreement shall remain in force for a period of fifteen years from the date of its signature, and after the expiration of such period, further arrangements may be made by mutual agreement.
-
-
- Hayashi Gonsuke, Envoy Extraordinary and Minister Plenipotentiary (dated, the 13th day of the 8th month of the 38th year of Meiji)
- Yi Ha-yeong, Minister of State for Foreign Affairs (dated, the 13th day of the 8th month of the 9th year of Gwangmu)
-
Recision
- 1905: Emperor Gojong of the Korean Empire wrote personally to the heads of state in those countries having treaties with Korea; and the Korean government filed formal appeals and sent formal cable notices, but these diplomatic gestures were unavailing.
- 1907: In what is sometimes called the "Hague Secret Emissary AffairHague Secret Emissary AffairHague Secret Emissary Affair resulted from Korean Emperor Gojong sending confidential emissaries to the Second Peace Conference at The Hague, the Netherlands, in 1907.-Background:...
," Korean emissaries sought unsuccessfully to seek international assistance at the Hague Convention of 1907 at The HagueThe HagueThe Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
in 1907. - 1921: Korean representatives attempted to gain a hearing at the Washington Naval ConferenceWashington Naval ConferenceThe Washington Naval Conference also called the Washington Arms Conference, was a military conference called by President Warren G. Harding and held in Washington from 12 November 1921 to 6 February 1922. Conducted outside the auspices of the League of Nations, it was attended by nine nations...
of 1921; but the effort was ineffective.
This treaty was confirmed to be "already null and void" by Treaty on Basic Relations between Japan and the Republic of Korea
Treaty on Basic Relations between Japan and the Republic of Korea
The Treaty on Basic Relations between Japan and the Republic of Korea was signed on June 22, 1965 to establish basic relationship between Japan and the Republic of Korea .-History:...
concluded in 1965.
In 2010, Japan argued that the chronological point of reference for "already null and void" was August 15, 1948, when the government of the Republic of Korea was established. This point-of-view is disputed by the Korean analysis, which construes the 1965 treaty as acknowledgment of the nullification of all Japanese-Korean treaties and agreements from 1904 onwards.
See also
- Unequal TreatiesUnequal Treaties“Unequal treaty” is a term used in specific reference to a number of treaties imposed by Western powers, during the 19th and early 20th centuries, on Qing Dynasty China and late Tokugawa Japan...
- Japan-Korea Treaty of 1904
- Japan-Korea Agreement of August 1904Japan-Korea Agreement of August 1904The Japan–Korea Protocol of August 1904 was made between representatives of the Empire of Japan and the Korean Empire in 1904. Negotiations were concluded on August 22, 1904.-Treaty provisions:...
- Japan-Korea Agreement of April 1905Japan-Korea Agreement of April 1905The Japan-Korea Protocol of August 1905 was made between the Empire of Japan and the Korean Empire in 1905. Negotiations were concluded on April 1, 1905.-Treaty provisions:...
- Japan-Korea Treaty of 1905