The Japan–Korea Protocol of August 1904 was made between representatives of the

Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II Constitution of Japan, 1947 constitu ...

and the Korean Empire in 1904. Negotiations were concluded on August 22, 1904.Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). ; excerpt, "Alleged Treaty, dated August 22, 1904."

Treaty provisions

This treaty required Korea to engage financial and diplomatic advisers designated by Japan. Also, the treaty required Korea to consult with Japan before making treaties with foreign powers, and before granting concessions or making contracts with foreigners. The treaty presumes that the

Envoy Extraordinary and Minister Plenipotentiary An envoy extraordinary and minister plenipotentiary, usually known as a minister, was a diplomatic head of mission who was ranked below ambassador. A diplomatic mission headed by an envoy was known as a legation rather than an embassy. Under the ...

of His Majesty the

Emperor of Japan The Emperor of Japan is the monarch and the head of the Imperial Family of Japan. Under the Constitution of Japan, he is defined as the symbol of the Japanese state and the unity of the Japanese people, and his position is derived from "the ...

and the Minister of State for Foreign Affairs ''ad interim'' of His Majesty the

Emperor of Korea Imperial titles were used in various historical Korean states before the 14th century and at the turn of the 20th century: Early Korean states used "great king", "greatest king", and "holy king"; later Korean states used "emperor". Korean monarc ...

were respectively authorized and empowered to negotiate and to agree upon the specific language of the proposed bilateral treaty:Scott, * Article I. The Korean Government shall engage as financial adviser to the Korean Government a Japanese subject recommended by the Japanese Government, and all matters concerning finance shall be dealt with after his counsel has been taken. * Article II. The Korean Government shall engage as a diplomatic adviser to the Department of Foreign Affairs a foreigner recommended by the Japanese Government, and all important matters concerning foreign relations shall be dealt with after his counsel has been taken. * Article III. The Korean Government shall consult the Japanese Government previous to concluding Treaties or Conventions with foreign Powers, and in dealing with other important diplomatic affairs such as granting of concessions to or contracts with foreigners. :::— Hayashi Gonsuke,

(dated: the 22nd day of the 8th month of the 37th year of Meiji) :::—

Yun Chi-ho Yun Chi-ho ( Korean: 윤치호, hanja: 尹致昊, 1864 – 1945) or Tchi ho yun was an important political activist and thinker during the late 1800s and early 1900s in Joseon Korea. His penname was Jwa-ong (좌옹, 佐翁); his courtesy name w ...

, Acting Minister of State for Foreign Affairs (dated: the 22nd day of the 8th month of the 8th year of Gwangmu) An amplified explanation of the scope and purpose of Article III was mentioned in a 1904 letter from the Japanese Ambassador to the United States

Takahira Kogorō Baron was a Japanese diplomat and ambassador to the United States from 1900 to 1909. Biography Takahira was born in what is now Ichinoseki city, Iwate prefecture.Takahira Kogoro. (1920) ''Encyclopedia Americana,'' p. 220./ref> From relativel ...

to the

American Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's C ...

John Hay: :"Article III is not intended to place an impediment in the way of the legitimate enterprise of foreigners in the sphere of commerce and industry, but is calculated to serve as a precaution against the conclusion of improvident and dangerous engagements which have often in the past proved a source of serious complications, as was conspicuously shown in the case of the Russian lease of Yongampho."

Recision

This "alleged treaty" was contrived in a coercive process; and Koreans sought to invalidate the unwanted consequences by presenting evidence to the international community. For example, * 1905:

Emperor Gojong of the Korean Empire Gojong (; 8 September 1852 – 21 January 1919) was the monarch of Korea from 1864 to 1907. He reigned as the last King of Joseon from 1864 to 1897, and as the first Emperor of Korea from 1897 until his forced abdication in 1907. He is known ...

wrote personally to the heads of state in those countries having treaties with Korea; and the Korean government filed formal appeals and sent formal cable notices, but these diplomatic gestures were unavailing. * 1907: In what is sometimes called the " Hague Secret Emissary Affair," Korean emissaries sought unsuccessfully to seek international assistance at the

Hague Convention of 1907 The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amo ...

The Hague The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital o ...

Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...

in 1907. * 1921: Korean representatives attempted to gain a hearing at the

Washington Naval Conference The Washington Naval Conference was a disarmament conference called by the United States and held in Washington, DC from November 12, 1921 to February 6, 1922. It was conducted outside the auspices of the League of Nations. It was attended by nine ...

of 1921; but the effort was ineffective. This treaty was confirmed to be "''already

null and void In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means " ...

''" by Treaty on Basic Relations between Japan and the Republic of Korea concluded in 1965. In 2010, Japan argued that the chronological point of reference for "already null and void" was August 15, 1948, when the government of the Republic of Korea was established. This point of view is disputed by the Korean analysis, which construes the 1965 treaty as acknowledgment of the nullification of all Japanese-Korean treaties and agreements from 1904 onwards.Lee Man-yeol
"For a view of history that puts us at the center,"
''Northeast Asian History Foundation News.'' 2010.

References

;General * Eckert, Carter J.,

Ki-baik Lee Ki-baik Lee (1924–2004) was a leading South Korean historian. He was born in Jeongju-gun, in North Pyeongan province in what is today North Korea. He graduated from the Osan School in 1941, attending Waseda University in Tokyo but ultimately ...

, Young Ick Lew, Michael Robinson, and Edward W. Wagner. (1990). ''Korea Old and New: A History.'' Cambridge: Harvard University Press.
OCLC 23071907
* Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). ''Korea's Appeal to the Conference on Limitation of Armament.'' Washington: U.S. Government Printing Office
OCLC 12923609
* United States. Dept. of State. (1919). ''Catalogue of treaties: 1814–1918.'' Washington: Government Printing Office
OCLC 3830508
* Scott, James Brown. (1921). ''Korea, Treaties and Agreements.'' Washington, D.C.: Carnegie Endowment for International Peace
OCLC 459192091
{{DEFAULTSORT:Japan-Korea Agreement of August 1904 Japan–Korea relations Unequal treaties 1904 in Japan 1904 in Korea Treaties concluded in 1904 Treaties of the Empire of Japan Treaties of the Korean Empire August 1904 events Bilateral treaties of Japan

Treaty provisions

Recision

See also

References