It is important whether Emperor Gojong approved the signing of the Treaty of 1905(乙巳條約), but not that complicated to confirm a fact. Four documents are required for emperor’s approval. These are the proposal with the emperor’s signature(御押) and seal(御璽), the power of attorney for treaty conclusion, instruments of ratification, and the proposal of publication in the official gazette. However, there is none of 4 documents for the Treaty of 1905. Because it directly came up to the signing step without domestic law procedure. According to legislation of Daehan Empire(“Euijeongbu Bureaucracy”(議政府官制) and “Euijeongbu Conference Regulation”(議政府會議規程)), the proposal for treaty should go through seven stages, ①receiving at the Foreign Ministry ② Foreign Ministry’s discussion request to Euijeongbu ③ passing at the Euijeongbu conference ④ consultation of Joongchoowon(中樞院) ⑤ writing of the adress to the throne ⑥ emperor’s approval ⑦ delegation, signing, ratification. The treaty proposal was received at the Foreign Ministry, but it jumped over the following procedure. Right after the treaty was concluded, on the 19th November, elder statesmen and government officials continued to devote appeals which claim the invalidity of the treaty and their resignation, also they directly tell the emperor their opinions staying at the palace day and night. Even foreign press reported the defect of the treaty. Some killed themselves in despair over their country’s ruination. Japan oppressed people who are appealing against the treaty calling the army, but it could not make the movement stop. Therefore, Japan had to come up with the remedy for the situation. Ito Hirobumi arranged the whole procedure of the treaty(伊藤特派大使復命書). Furthermore, Japan made “five-ministers (5-thieves) of Daehan Empire” write a refutation appeal about the full account of the treaty conclusion to the emperor for it’s own sake. However, the refutation appeal from five-ministers of Daehan Empire actually gave unfavorable evidence toward Japan as a result. The evidence are as follows. Japan neglected the Daehan Empire’s regulation for the treaty conclusion. Emperor Gojong didn’t command the approval of the treaty but the amendment. Emperor ordered in secret for opposition to the treaty. Ito threatened emperor Gojong not to decline to approve the treaty.
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3. 5대신의 반박상소에 나타난 체결과정의 문제점