S-Space Kyujanggak Institute for Korean Studies (규장각한국학연구원) Korean Culture (한국문화) Korean Culture (한국문화) vol.47 (2009)
淸日戰爭 발발 이후 동아시아 各地에서의 淸國人 규제규칙의 제정과 시행
- Issue Date
- 서울대학교 규장각한국학연구원
- 한국문화, Vol.47, pp. 229-259
- Right after the outbreak of the Sino-Japanese war, ‘edict no.137(勅令 第137號)’ was issued in Japan for the purpose of protecting the Chinese residents in Japan. Thereafter, ‘Protection Rule for the Chinese Trader(保護淸商規則)’ and ‘Rule of the Chinese’s Landing at Taiwan(淸國人臺灣上발條例)’ were respectively issued in Chosŏn at the same time and in Taiwan after the end of the Sino-Japanese war. These were the first rules in each region that provided the treatment of the Chinese after the outbreak of the Sino-Japanese war. The making process of these rules reflected the reorganization of the East-Asia regional order by Japan.
However, each of those regions were in different condition. While Japan had succeeded in a renewal of a treaty with British, Chosŏn was making an attempt to free herself from foreign interference, and Taiwan was colonized by Japan as a result of the Sino-Japanese war. Therefore, the development of the law enforcement was also different in each region. In Japan, the Chinese’s status on the law and the treatment due to its honor was decided upon the frame of ‘civilization’ and ‘barbarism’. In Chosŏn, the controversy on the jurisdiction over Chinese between the government of Chosŏn and the British consulate centered around the issue of ‘independence’ and ‘interference’. On the other hand, in Taiwan, against the impossibility of distinction between Chinese and Taiwanese, it was necessary to keep a balance between ‘security’ and ‘interests’ through the control rule of Chinese.