Japan–Korea Treaty of 1905

Japan–Korea Treaty of 1905
Korean name
Hangul 을사조약 Hanja 乙巳條約 Revised Romanization Eulsa joyak McCune-Reischauer Ŭlsa choyak
Alternate Korean name
Hangul 제2차 한일협약 Hanja 第二次日韓協約 Revised Romanization Je-i-cha Han-il Hyeop-yak McCune-Reischauer Che-i-ch'a Han-il Hyŏp-yak
Japanese name
Kanji 第二次日韓協約 Hiragana だいにじにっかんきょうやく Hepburn Dai-niji nikkan kyōyaku

The Japan–Korea Treaty of 1905, also known as the Eulsa Treaty or Japan–Korea Protectorate Treaty, was made between the Empire of Japan and the Korean Empire in 1905. Negotiations were concluded on November 17, 1905.

In the metonymy "Ulsa Treaty," the word Eulsa or Ulsa derives the Sexagenary Cycle's 42nd year of the Korean calendar, in which the treaty was signed. The treaty is identified by several names including Second Japan-Korea Convention (Japanese: 第二次日韓協約, Korean: 제2차한일협약, 第二次韓日協約), Eulsa Restriction Treaty (Korean: 을사늑약, 乙巳勒約), Eulsa Protection Treaty (Japanese: 乙巳保護条約, Korean: 을사보호조약)^{[citation needed]}, and Korea Protection Treaty (Japanese: 韓国保護条約)^{[citation needed]}. It was influenced by the result of the Russo-Japanese War.

Background

Following Japan’s victory in the Russo–Japanese War, with its subsequent withdrawal of Russian influence, and the Taft–Katsura Agreement, in which the United States allegedly agreed not to interfere with Japan in matters concerning Korea, the Japanese government sought to formalize its sphere of influence over the Korean peninsula.

Delegates of both Empires met in Seoul to resolve differences in matters pertaining to Korea’s future foreign policy; however, with the Korean Imperial palace under occupation by Japanese troops, and the Imperial Japanese Army stationed at strategic locations throughout Korea, the Korean side was at a distinct disadvantage in the discussions.

Formation of treaty

Jungmyeongjeon where the treaty was signed

On 9 November 1905, Ito Hirobumi arrived in Seoul and he gave the letter from Emperor of Japan to Gojong, Emperor of Korea which asking the treaty. From 15 November 1905, he ordered Japanese troops to encircle the Korean imperial palace and threatened the emperor to agree on the treaty.

On 17 November 1905, Hasegawa and Ito entered the Jungmyeongjeon Hall, a European-style building that was once part of Deoksu Palace to persuade Gojong to agree, but he refused and delegated it to ministers. Ito forced the cabinet to sign the treaty. Korean Prime minister Han Gyu-seol disagreed shouting loudly. Ito ordered the guards to lock him in a room and said if he continued screaming, they could kill him. The Korean cabinet signed an agreement that had been prepared by Ito in the Jungmyeongjeon. The Agreement gave Japan complete responsibility for Korea’s foreign affairs, and placed all trade through Korean ports under Japanese supervision.

Treaty provisions

This treaty deprived Korea of its diplomatic sovereignty, in effect making Korea a protectorate of Japan. The provisions of the treaty took effect on 17 November 1905, and it laid the foundation for the Japan–Korea Treaty of 1907, and subsequent annexation of Korea in 1910.

The treaty was deemed to have gone into effect after it received the signature of five Korean ministers:

• Minister of Education Lee Wan-Yong (이완용; 李完用)
• Minister of Army Yi Geun-taek (이근택; 李根澤)
• Minister of Interior Yi Ji-yong (이지용; 李址鎔)
• Minister of Foreign Affairs Pak Je-sun (박제순; 朴齊純)
• Minister of Agriculture, Commerce and Industry Gwon Jung-hyeon (권중현; 權重顯)

Emperor Gojong of Korea did not assent or sign the treaty. Other officials who disputed the treaty included:

• Prime Minister Han Gyu-seol (한규설; 韓圭卨)
• Minister of Finance Min Yeong-gi (민영기; 閔泳綺)
• Minister of Justice Yi Ha-yeong (이하영; 李夏榮, Later, however, He turned from opposing to agreement of the treaty)

Controversy

Gojong's analysis of the "treaty of 1905"

Emperor Gojong sent personal letters to major heads of state to appeal for their support against the illegal signing. As of February 21, 1908, he had sent 17 letters bearing his imperial seal, including to the following eight rulers:^{[citation needed]}

• Edward VII of the United Kingdom
• Armand Fallières of France
• Nicholas II of Russia
• Franz Joseph of Austria
• Victor Emmanuel III of Italy
• Léopold II of Belgium
• Guangxu Emperor of China
• Wilhelm II of Germany which was personally handwritten by Gojong

In 1907, Korean Emperor Gojong sent three secret emissaries to the second international Hague Peace Convention to protest the unfairness of the Eulsa Treaty. But the great powers of the world refused to allow Korea to take part in this conference.

Not only the Emperor but the other Koreans protested against the Treaty. Jo Byeong-se and Min Yeong-hwan, who were high officials and led resistance against Eulsa treaty, killed themselves as resistance. Local yangbans and commoners joined righteous armies. They were called "Eulsa Euibyeong" (을사의병, 乙巳義兵) meaning "Righteous army against Eulsa Treaty"

This protest, the lack of the royal assent, and the intimidation by Japanese troops during the negotiations have been used by later historians and lawyers to question the legal validity of the treaty,^{[citation needed]} as being signed under duress, though the treaty remained uncontested internationally until Japan's defeat in World War II.

Rescission

This treaty, later, was confirmed to be "already null and void" by Treaty on Basic Relations between Japan and the Republic of Korea concluded in 1965.

In a joint statement on 23 June 2005, officials of South Korea and North Korea reiterated their stance that the Eulsa treaty be null and void on a claim of coercion by the Japanese.

South Korea is currently seizing property and other assets from the descendants of people who have been identified as Japanese collaborators at the time of the treaty.

See also

• Unequal Treaties
• Japan–Korea Treaty of 1904
• Japan-Korea Agreement of August 1904
• Japan-Korea Agreement of April 1905
• Japan-Korea Agreement of August 1905
• Japan–Korea Treaty of 1907
• Japan–Korea Treaty of 1910
• List of Korea-related topics
• Liancourt Rocks

References

• Beasley, William G. (1987). Japanese Imperialism, 1894-1945. Oxford: Oxford University Press.  10-ISBN 0198215754/13-ISBN 9780198215752; 10-ISBN 0198221681/13-ISBN 9780198221685; OCLC 14719443
• Carnegie Endowment for International Peace, Division of International Law. (1921). Pamphlet 43: Korea, Treaties and Agreements." The Endowment: Washington, D.C. OCLC 1644278
• Clare, Israel Smith; Hubert Howe Bancroft and George Edwin Rines. (1910). Library of universal history and popular science. New York: The Bancroft society. OCLC 20843036
• Cordier, Henri and Edouard Chavannes. (1905). "Traité entre le Japon et la Corée," Revue internationale de Sinologie (International Journal of Chinese studies). Leiden: E. J. Brill. OCLC 1767648
• Duus, Peter (1995). The Abacus and the Sword: The Japanese Penetration of Korea, 1895-1910. Berkeley: University of California Press.  13-ISBN 9780520086142/10-ISBN 0520086147; 13-ISBN 9780520213616; 10-ISBN 0520213610; OCLC 232346524
• Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921-1922. (1922). Korea's Appeal to the Conference on Limitation of Armament. Washington: U.S. Government Printing Office. OCLC 12923609
• Pak, Chʻi-yŏng. (2000). Korea and the United Nations. The Hague: Kluwer Law International. 10-ISBN 9041113827/13-ISBN 9789041113825; OCLC 247402192
• United States. Dept. of State. (1919). Catalogue of treaties: 1814-1918. Washington: Government Printing Office. OCLC 3830508