개항 후(1876~1894) 일본의 치외법권 행사와 한국의 대응

Japan’s Exercise of “Extraterritorial Rights” and Korea’s Response during the Open Ports Period

The Japanese’s infiltration and its activity into the Open Ports in Korea appeared for the first time before and after the Treaty of Amity between Korean and Japan of the 1876. Subsequently, the Japanese’s infiltration have been permeated the entire area of Chosun by aggressive policies which Japanese government carried out. As the trouble between the Korean and the Japanese had reached a climax in the Korean Peninsular, so the Japanese’s criminal acts increased in number. After Japanese political advance into Korea was on revitalization in 1887, all kinds of case harmed to the human body such as murder(殺人), injury(傷害), etc., took place frequently. It appears to me that the more Japanese wrongdoing become increased in Korea because the more political status of Japan is higher in Korea. And besides, the Japanese committed various criminal acts such as trouble making(作弊), deception(詐欺), housebreaking(民家侵入), and infiltrating into the inland of the country(內地潛入), falsification(文書僞造). The consular jurisdiction was established to divide into a penal offense and a civil case in the treaty of Amity between Koran and Japan of 1876. Under this provision, Japan could apply consular jurisdiction to the Japanese critical acts in Korea. Among the criminal cases arisen between the Korean and the Japanese, the accused case of Japan applied in the broad sense to the consular jurisdiction. The consular jurisdiction consisted of Hoi Sim(會審), Japan consulate s courthouse in Korea, and a change venue into a law court in Japan. On the whole, the Japan deal with the course of Hoi Sim(會審, this mean that judicial officers come together and place culprit on trial), a consulate court, and a change of venue into a law court in Japanese own land in orders. Both of the two countries identified the meaning of Hoi sim with the meaning of Chung Sim(聽審), this was so called Hoi Pan(會辦), Hoi dong Jae Pan(會同審判), Hoi dong Pan li(會同辦理), Dong wui Jae Pan(同爲裁判), and so on. This carried out the course of trial in Japanese consular court in Korea. But This was the previous legal procedures on which the two countries s official discussed and decide. Most of the repatriation that send back to the culprit s home country and consular jurisdiction, had been conducted by the Japanese in the early age of their advance into Korean. When the Japanese increased a great deal of influence on the sphere of politic, economics, military, and so on in Korea, they did not seek to carry out the proper consular jurisdiction. Although they carried out the consular jurisdiction, most of the judgement was finished formally by Japanese influential power. It seemed to me that the Korea did not make deal of these cases adequately and was drawn to the Japan’s place because of the Korean misunderstanding of the various treaty provisions as well as its lack of the general knowledge of the consular jurisdiction. Through the Japanese consular jurisdiction, finally, it seems to me that this article was able to prove that the consular jurisdiction was made bad use as instrument of the Japanese penetration into Korea.