The Japan–Korea Protocol of August 1904 was made between representatives of the Empire of Japan

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 1904. Negotiations were concluded on August 22, 1904.

Treaty provisions

This treaty required Korea to engage financial and diplomatic advisers designated by Japan. Also, the treaty required Korea to consult with Japan before making treaties with foreign powers, and before granting concessions or making contracts with foreigners.

The treaty presumes 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 ad interim

Ad interim

The Latin phrase ad interim literally means "in the time between" denotes the meaning of "in the meantime", "for an intervening time" or "temporarily" in the English language...

of His Majesty the Emperor of Korea were respectively authorized and empowered to negotiate and to agree upon the specific language of the proposed bilateral treaty:

• Article I.

The Korean Government shall engage as financial adviser to the Korean Government a Japanese subject recommended by the Japanese Government, and all matters concerning finance shall be dealt with after his counsel has been taken.

• Article II.

The Korean Government shall engage as a diplomatic adviser to the Department of Foreign Affairs a foreigner recommended by the Japanese Government, and all important matters concerning foreign relations shall be dealt with after his counsel has been taken.

• Article III.

The Korean Government shall consult the Japanese Government previous to concluding Treaties or Conventions with foreign Powers, and in dealing with other important diplomatic affairs such as granting of concessions to or contracts with foreigners.

— Hayashi Gonsuke, Envoy Extraordinary and Minister Plenipotentiary (dated: the 22nd day of the 8th month of the 37th year of Meiji)

— Yun Chi-ho, Acting Minister of State for Foreign Affairs (dated: the 22nd day of the 8th month of the 8th year of Gwangmu)

An amplified explanation of the scope and purpose of Article III was mentioned in in a 1904 letter from the Japanese Ambassador to the United States

Japanese Ambassador to the United States

The Japanese ambassador mission to the United States has existed since the 1860, interrupted by disagreements and wars during the Second World War.The current ambassador is Ichiro Fujisaki.-Ambassadors:* Uchida Kosai, 1910.* Sadao Iguchi, 1954-1957...

 Takahira Kogorō

Takahira Kogoro

Baron was a Japanese diplomat and ambassador to the United States from 1900 to 1909.-Biography:Takahira was born in what is now Ichinoseki city, Iwate prefecture. From relatively modest beginnings, Takahira was to become a graduate of Kaisei Gakkō .-Career diplomat:In 1876, he joined the Ministry...

 to the American Secretary of State

United States Secretary of State

The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...

 John Hay

John Hay

John Milton Hay was an American statesman, diplomat, author, journalist, and private secretary and assistant to Abraham Lincoln.-Early life:...

:

"Article III is not intended to place an impediment in the way of the legitimate enterprise of foreigners in the sphere of commerce and industry, but is calculated to serve as a precaution against the conclusion of improvident and dangerous engagements which have often in the past proved a source of serious complications, as was conspicuously shown in the case of the Russian lease of Yongampho."

Recision

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,

• 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 Affair
  Hague Secret Emissary Affair
  Hague 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 Hague
  The Hague
  The 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...
  
  , Netherlands
  Netherlands
  The 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 Conference
  Washington Naval Conference
  The 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 Treaties
  Unequal 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 April 1905
  Japan-Korea Agreement of April 1905
  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.-Treaty provisions:...
  
  
• Japan-Korea Agreement of August 1905
  Japan-Korea Agreement of August 1905
  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.-Treaty provisions:...
  
  
• Japan-Korea Treaty of 1905
• Japan-Korea Treaty of 1907