Japan-Korea Agreement of April 1905
Encyclopedia
The 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.
The provisions of the treaty encompassed the right of eminent domain or condemnation against public property and against private property. In this context, the treaty provided for no compensation or payments except that Japan "shall deliver to the Korean Government a suitable percentage" of the profits.
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:
The Imperial Government of Korea shall transfer and assign the control and administration of the post, telegraph and telephone services in Korea (except the telephone service exclusively pertaining to the Department of the Imperial Household) to the Imperial Japanese Government.
The land, buildings, furnitures, instruments, machines and all other appliances connected with the system of communications already established by the Imperial Government of Korea, shall, by virtue of the present Agreement, be transferred to the control of the Imperial Japanese Government. The authorities of the two countries acting together shall make an inventory of the land, buildings and all other requisites mentioned in the preceding paragraph which shall serve as evidence in the future.
When it is deemed necessary by the Japanese Government to extend the communication system in Korea, they may appropriate land and buildings belonging to the State or to private persons, the former without compensation and the latter with proper indemnification.
In respect of the control of the communication service and the custody of the properties in connection therewith, the Japanese Government assume, on their own account, the responsibility of good administration. The expenses required for the extension of the communication services shall also be borne by the Imperial Government of Japan. The Imperial Government of Japan shall officially notify the Imperial Government of Korea of the financial condition of the system of communications under their control.
All appliances and materials which are deemed necessary by the Imperial Government of Japan for the control or extension of the system of communication shall be exempt from all duties and imposts.
The Imperial Government of Korea shall be at liberty to maintain the present Board of Communication so far as such retention does not interfere with the control and extension of the services by the Japanese Government. The Japanese Government, in controlling and extending the services, shall engage as many Korean officials and employees as possible.
In respect of the arrangements formerly entered into by the Korean Government with the Governments of foreign Powers concerning the post, telegraph and telephone services, the Japanese Government shall in behalf of Korea exercise the rights and perform the obligations pertaining thereto ....
The various conventions and agreements respecting the communication services hitherto existing between the Governments of Japan and Korea are naturally abolished or modified by the present Agreement.
When in future as the result of the general development of the communication system in Korea, there is some adequate profit over and above expenditures defrayed by the Japanese Government for the control and maintenance of the old services and for their extensions and improvements, the Japanese Government shall deliver to the Korean Government a suitable percentage of such profit.
When in the future an ample surplus exists in the finance of the Korean Government, the control of their communication services may be returned, as the result of the consultation of the two Governments, to the Government of Korea.
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 April 1, 1905.
Treaty provisions
This treaty transferring responsibility for postal, telegraph, and telephone service to Japan.The provisions of the treaty encompassed the right of eminent domain or condemnation against public property and against private property. In this context, the treaty provided for no compensation or payments except that Japan "shall deliver to the Korean Government a suitable percentage" of the profits.
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.
The Imperial Government of Korea shall transfer and assign the control and administration of the post, telegraph and telephone services in Korea (except the telephone service exclusively pertaining to the Department of the Imperial Household) to the Imperial Japanese Government.
- Article II.
The land, buildings, furnitures, instruments, machines and all other appliances connected with the system of communications already established by the Imperial Government of Korea, shall, by virtue of the present Agreement, be transferred to the control of the Imperial Japanese Government. The authorities of the two countries acting together shall make an inventory of the land, buildings and all other requisites mentioned in the preceding paragraph which shall serve as evidence in the future.
- Article III.
When it is deemed necessary by the Japanese Government to extend the communication system in Korea, they may appropriate land and buildings belonging to the State or to private persons, the former without compensation and the latter with proper indemnification.
- Article IV.
In respect of the control of the communication service and the custody of the properties in connection therewith, the Japanese Government assume, on their own account, the responsibility of good administration. The expenses required for the extension of the communication services shall also be borne by the Imperial Government of Japan. The Imperial Government of Japan shall officially notify the Imperial Government of Korea of the financial condition of the system of communications under their control.
- Article V.
All appliances and materials which are deemed necessary by the Imperial Government of Japan for the control or extension of the system of communication shall be exempt from all duties and imposts.
- Article VI.
The Imperial Government of Korea shall be at liberty to maintain the present Board of Communication so far as such retention does not interfere with the control and extension of the services by the Japanese Government. The Japanese Government, in controlling and extending the services, shall engage as many Korean officials and employees as possible.
- Article VII.
In respect of the arrangements formerly entered into by the Korean Government with the Governments of foreign Powers concerning the post, telegraph and telephone services, the Japanese Government shall in behalf of Korea exercise the rights and perform the obligations pertaining thereto ....
- Article VIII.
The various conventions and agreements respecting the communication services hitherto existing between the Governments of Japan and Korea are naturally abolished or modified by the present Agreement.
- Article IX.
When in future as the result of the general development of the communication system in Korea, there is some adequate profit over and above expenditures defrayed by the Japanese Government for the control and maintenance of the old services and for their extensions and improvements, the Japanese Government shall deliver to the Korean Government a suitable percentage of such profit.
- Article X.
When in the future an ample surplus exists in the finance of the Korean Government, the control of their communication services may be returned, as the result of the consultation of the two Governments, to the Government of Korea.
-
-
- Hayashi Gonsuke, Envoy Extraordinary and Minister Plenipotentiary (dated, the 1st day of the 4th month of the 38th year of Meiji)
- Yi Ha-yeong, Minister of State for Foreign Affairs (dated, the 1st day of the 4th 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 August 1905Japan-Korea Agreement of August 1905The 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.-Treaty provisions:...
- Japan-Korea Treaty of 1905