임오군란 이후 조선의 국제법적 지위에 대한 일본의 인식

Japanese Awareness about Joseon’s International Legal Status after Im􋹲O Military Rebellion

Qing(淸) arranged for the conclusion of the Joseon-America Treaty in 1882, and regulated the Joseon-China Regulation after suppressing the Im-O Military Rebellion and defined Joseon as a Semi-Sovereign or Dependent State based on the Elements of International Law. Semi-Sovereign or Dependent State is a superior State under whose protection they are placed, that is, a state dependent upon Suzerainty which has a limited foreign sovereignty such as the rights of legation. The important thing is that Japan also accepted Qing s theory of Semi-Sovereign or Dependent State(半主･屬國) as to Joseon. After Im-O Military Rebellion, Japan s officer Inoue Kowasi(井上毅) recognized Joseon’s position of Semi-Sovereign or Sem-Dependent State, through Boissonade s legal counseling. For example, it is the view that Joseon gains the status of permanent neutrality, and five states including Qing and Japan become protectors. If so, Joseon would gain the international legal status of protectorate and his sovereignty should be limited. Ito Hirobumi(伊藤博文), who played an important role in making decisions over Joseon, also showed an attitude to acknowledge Joseon Dependent State theory through Theory of Joseon’s Sovereignty and Dependence(朝鮮主屬論文件). For example, he noted the case of Romania, which was the Vassal State and Semi-Sovereign or Dependent State of Ottoman Turks. He compared Joseon with Dependent States of Ottoman Turks such as Tunisia, Tripoli, Romania, Serbia and Egypt by examining Tokyo Daily Newspaper(東京日日新聞)’s Joseon independence theory(朝鮮獨立論). This contrasts with the previous research stream that Japan pursued Joseon’s independence.