개항기 조선 주권론 충돌
Conflicts of Sovereignty Theories over Korea during the Open-Door Period

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서울대학교 법학연구소
법학, Vol.47 No.2, pp. 96-148
Japan had held aloof from China since the end of Tang dynasty while

maintaining equal neighborly relationship with Korea in the hierarchical East

Asian world order. Japan insisted on inserting a significant sentence in Art. 1 of

the Treaty of Friendship Commerce and Navigation with Korea in 1876,

stipulating that Korea being an autonomously independent country has equal

rights as Japan. The significant wording raised suspicion from China wherein

Japan would not recognize her tributary suzerainty over Korea. China had

regarded Korea as the most important tributary state since the inauguration of the

hierarchical system following confucian wisdoms for a paternal world order. The

purpose of the Chinese good offices in helping Korea to conclude FCN treaties

with the western powers like the U.S. was to protect Korea against any evil

influence from Russia through the northern strip of frontiers by winning possible

concerted supports from them. The Chinese tenacious efforts to have Korea and

the U.S. stipulate the traditional tributary ties with China in the FCN treaty

turned out to be unsuccessful. She was only able to make the U.S. accept a

letter from the Korean King stating the tributary ties with her.

Not far from the conclusion of the Korean American treaty, China started to

intervene in the domestic affairs of Korea in order to curb the then engulfing

influence from Japan. China successfully crushed down a pro-Japanese coup in

1884. She even urged the first permanent Korean mission to the U.S. in 1888 to

follow certain courteous rules designated by China, such as by presenting

credentials to the President guided by the Chinese minister. The Korean minister

did not follow such a preposterous request, neither would the U.S. allow to do...
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 47, Number 1/4 (2006)
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