The treaty on display | |
| Drafted | October 27, 1905; 120 years ago (1905-10-27) |
|---|---|
| Signed | November 17, 1905; 120 years ago (1905-11-17) |
| Location | Jungmyeongjeon Hall,Hanseong,Korea |
| Signatories | |
| Parties | |
| Language | Korean, Japanese |
| Full text at | |
| Japan–Korea Treaty of 1905 | |||||||
|---|---|---|---|---|---|---|---|
| Japanese name | |||||||
| Kanji | 第二次日韓協約 | ||||||
| Hiragana | だいにじにっかんきょうやく | ||||||
| |||||||
| Korean name | |||||||
| Hangul | 을사조약 | ||||||
| Hanja | 乙巳條約 | ||||||
| |||||||
| Alternative Korean name | |||||||
| Hangul | 제2차 한일협약 | ||||||
| Hanja | 第二次韓日協約 | ||||||
| |||||||
| Alternative Korean name | |||||||
| Hangul | 을사늑약 | ||||||
| Hanja | 乙巳勒約 | ||||||
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TheJapan–Korea Treaty of 1905, also known as theEulsa Treaty (Korean: 을사조약),[a] was made between delegates of theEmpire of Japan and theKorean Empire in 1905. Negotiations were concluded on November 17, 1905.[4] The treaty deprived Korea of its diplomatic sovereignty and made Korea aprotectorate of Imperial Japan. It resulted from Imperial Japan's victory in theRusso-Japanese War in 1905.[5]
Beginning from theJapan–Korea Treaty of 1876, a series of treaties were signed between Korea and Japan throughout the following decades. During the signing of the 1876 Treaty,Joseon Korea actively participated in the negotiation process, with the initial Japanese proposal of amost-favored nation clause ultimately omitted due to Korean demands.[6] However, Japanese demands for compensation after the 1882Imo Incident led to the signing of the 1883Treaty of Tax Regulations for the Japanese Trade and the Maritime Customs [ko], which deprived Korea of its tariff autonomy over trade with Japan.[7] The Japanese victory over the Qing in theFirst Sino-Japanese War led to the complete withdrawal of Chinese forces in Korea, further consolidating Japanese influence over the peninsula.[8]
Following the outbreak of theRusso-Japanese War, Imperial Japanese forces were dispatched to occupy Seoul. Under Japanese military presence, the Korean government was forced to ratify theJapan–Korea Protocol on February 23, 1904.[9] The protocol stipulated that Japan may occupy and use strategically important locations in Korea to achieve military objectives.[10] In August of the same year, theFirst Japan–Korea Agreement was signed, which required that the Korean government accept financial and diplomatic advisors dispatched by Imperial Japan.[11] The agreement was utilized by Japan to bolster its exclusive dominance over Korea during the signing of theTaft–Katsura Agreement and theSecond Anglo-Japanese Alliance.[12]
With its victory over Russia and the subsequent withdrawal of Russian influence from Korea, Japan sought to deprive the Korean Empire completely of its diplomatic rights and render it a protectorate.[13] In a 27 October 1905 cabinet meeting, the Japanese government agreed on eight provisions regarding the signing of a second treaty to acquire absolute authority over Korea's foreign affairs. Specifics of the treaty were drafted on a separate document, which was transmitted to Seoul the following day.[14]
On 2 November 1905,[14]President of the Privy CouncilItō Hirobumi was dispatched to Korea asenvoy extraordinary and minister plenipotentiary to lead negotiations.[15] Itō arrived in Seoul on 9 November 1905. Accompanied by Deputy Ambassador to the Kingdom of KoreaHayashi Gonsuke, Itō delivered a letter from the Emperor of Japan toGojong, Emperor of Korea, attempting to arrange a meeting with him. However, Gojong initially refused, citing his illness.[16] Gojong acquiesced to Itō's demands on 15 November, however,[16] when Itō ordered Japanese troops to encircle the Korean imperial palace.[citation needed] Throughout their meeting, Gojong and Itō argued for over three hours, with Gojong questioning whether the signing of the agreement would render Korea's status into that of thecolonized nations of Africa. When Itō requested that Gojong order his foreign minister to commence negotiations, he refused, arguing that such matters were subject to the approval of the Korean Privy Council (jungchuwon) via government procedure.[15]
Negotiations between the Korean cabinet and the Japanese delegates began on the 16th. Seven members of the State Council (Uijeongbu)—Prime MinisterHan Kyu-seol, Minister of the ArmyYi Geun-taek, Minister of the InteriorYi Ji-yong [ko], Minister of Agriculture, Commerce, and IndustryGwon Jung-hyeon, Minister of FinanceMin Yeong-gi [ko], Minister of EducationYi Wan-yong, and Minister of JusticeYi Ha-yeong [ko]—along with former Prime MinisterShim Sang-hoon [ko], were summoned by Itō to his residence, where sessions were held.[16] Deputy Ambassador Hayashi arranged separate negotiations with Minister of Foreign AffairsPak Chesun in the Japaneselegation, where he proposed a rough negotiations agenda.[17][16] In a separate meeting, however, Gojong and the Korean ministers decided that the agenda would not be submitted to a State Council meeting.[17]
On the morning of 17 November, Hayashi once again summoned the Korean ministers to the Japanese legation, where they again refused to sign any agreement in terms of government procedure. Hayashi then proceeded to Jungmyeongjeon hall inGyeongungung palace with the ministers, where an Imperial Conference (어전회의;御前會議) was held.[18] When the conference once again refused to sign the treaty, Hayashi sent a messenger to Itō around 6 in the evening, who was then waiting with Field MarshalHasegawa Yoshimichi in Daegwanjeong, the headquarters of the Japanese army stationed in Korea.[17] Two hours later,[18] Itō and Hasegawa arrived, now accompanied with Japanese military police, at Jungmyeongjeon Hall. Itō resumed negotiations and confronted each of the ministers individually, asking their opinion on the agreement.[19] He further pressured the cabinet with the implied, and later stated, threat of bodily harm, to sign the treaty.[20] Han Kyu-seol and Min Yeong-gi expressed explicit objection to the signing of the treaty, while Yi Ha-yeong and Gwon Jung-hyeon expressed a weak opposition. However, the rest of the cabinet reluctantly agreed to the treaty under conditions that minor revisions are made, with Gwon later reversing his stance.[19]
With the approval of five out of the eight ministers present, Itō declared the agreement valid.[21] Around 1:30 AM, November 18, the seal of the Korean Minister of Foreign Affairs was affixed.[22]
The treaty, which only consisted of five articles,[19] transferred most of the diplomatic rights of the Korean Empire under the jurisdiction of the Japanese government, depriving Korea of its diplomatic sovereignty[23][24] and effectively making it aprotectorate of Imperial Japan.[25] The treaty prohibited the Korean government from signing any treaty or agreement of "international nature" without the supervision of Japan. Under Article 3 of the treaty, a high-ranking official, titled the Resident-General,[26] was to be dispatched to Seoul for the handling of diplomatic affairs, where he would be given the right to visit the Korean Emperor on private occasions.[19]
The provisions of the treaty took effect on 17 November 1905.[27] It was to be put into effect until "Korea becomes wealthy and strong", under a clause proposed by Yi Wan-yong.[19][22]
As a consequence, the Korean Empire had to close all of its diplomatic administrations abroad, including its short-lived legation in Beijing,[28] and itslegation in Washington, D.C.[29] Foreign legations in Korea began withdrawing and allocating their operations to their corresponding Japanese legations, with France being the last country to close its Korean legation.[citation needed]
In February 1906, the Residency-General was established in Seoul,[19] withItō Hirobumi appointed as the first Resident-General.[30]


Upon learning of its signing,Emperor Gojong commenced efforts to nullify the treaty, mainly seeking international assistance from countries that had established diplomatic relations with Korea.[32] On 22 November, four days after the signing, Gojong sent an undisclosed telegram toHomer Hulbert in the United States and urged him to convince the American government that the treaty was signed underthreat of force without his consent and was thus invalid,[19] but without success.[33] In 29 January 1906, he handed Douglas Story, a reporter from theTribune, a secret letter urging a joint foreign protection of Korea from Japanese influence. The letter was successfully smuggled to China by Story, but was dismissed by the British Minister in PekingErnest Satow.[34] In May 1906, Gojong drafted another letter toKaiser Wilhelm II of Germany, which was received by theGerman Foreign Office but was never presented to the Kaiser.[35]
In 1907, Gojong sent three emissaries to theSecond Hague Peace Conference in utmost secrecy to further promote the cause of Korean sovereignty. The envoys arrived atthe Hague in June 1907, but were barred from entering the conference and ultimately failed to garner significant support from the great powers.[36] When news of the envoys reached Japan, Gojong was forcibly abdicated. Subsequently, theJapan–Korea Treaty of 1907 was signed on 24 July 1907, between Itō Hirobumi and Yi Wan-yong, transferring authority over Korea's internal affairs to the Resident-General.[32]
Several high-ranking Korean officials protested against the treaty. Head of the Royal Bodyguard (시종무관장;侍從武官長)Min Yeong-hwan demanded that the treaty be abolished, and the five ministers executed.[31] On November 30, Min committed suicide in protest when his demands were not met. Special secretary of theDepartment of the Royal Household (특진관;特進官) and formerRight State CouncilorCho Byeong-se [ko] committed suicide the following day.[37]
Localyangbans and commoners formedrighteous armies known asEulsa uibyeong (을사의병;乙巳義兵;lit. Eulsa righteous army).
On 20 November 1905, in an editorial titledI Wail Bitterly Today, editor-in-chief of theHwangsŏng sinmunChang Chi-yŏn [ko] accused the Korean ministers who had agreed to the treaty for giving up the "integrity of a nation which has stood for 4,000 years... and the rights and freedom of twenty million people."[38]

While the Treaty of 1905 has been confirmed to be "alreadynull and void" by the 1965Treaty on Basic Relations between Japan and the Republic of Korea,[40] the legality of the treaty at the time of its signing remains controversial. The overarching argument within Korean academics is that the treaty was never valid in the first place, as it was independently negotiated under a threat of force by the Korean ministers without the approval of Gojong, the plenipotenthead of state.[41] Conversely, multiple Japanese studies have concluded that the treaty was sanctioned under his consent, emphasizing Gojong's active partaking throughout the ratification process.[42] The veracity of several documents provided by these studies as evidence have been questioned by Korean academics.[42]
In 18 February 2005, Kim Sam-ung (김삼웅), director of theIndependence Hall of Korea, declared the Treaty of 1905 "voidab inito" (원천무효).[29] In a joint statement on June 23, 2005, officials of South Korea andNorth Korea reiterated their stance that the Eulsa treaty is null and void on a claim of coercion by the Japanese.[citation needed]
In Korea, the five ministers who approved of the Treaty (Yi Wanyong, Yi Geun-taek, Yi Ji-yong, Park Chesun, and Gwon Jung-hyeon) are widely referred to as theFive Eulsa Traitors.
대일본제국정부는 전항(前項)의 목적을 성취하기 위해 군략상 필요한 지점을 임기 수용할 수 있을 것.
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