The Japan–Korea Protocol of August 1905 was made between 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 1947 constitution and subsequent fo ...

and the

Korean Empire The Korean Empire () was a Korean monarchical state proclaimed in October 1897 by Emperor Gojong of the Joseon dynasty. The empire stood until Japan's annexation of Korea in August 1910. During the Korean Empire, Emperor Gojong oversaw the Gwa ...

in 1905. Negotiations were concluded on April 1, 1905.Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). ; excerpt, "Alleged Treaty, dated April 1, 1905."

Treaty provisions

This treaty transferring responsibility for postal, telegraph, and telephone service to Japan. The provisions of the treaty encompassed the right of eminent domain or condemnation against public property and against private property. In this context, the treaty provided for no compensation or payments except that Japan "shall deliver to the Korean Government a suitable percentage" of the profits. The treaty preamble asserted 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 House of Japan, 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 positio ...

and the Minister of State for Foreign Affairs 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 duly empowered" to negotiate and to agree upon the specific language of the proposed bilateral treaty: * Article I. The Imperial Government of Korea shall transfer and assign the control and administration of the post, telegraph and telephone services in Korea (except the telephone service exclusively pertaining to the Department of the Imperial Household) to the Imperial Japanese Government. * Article II. The land, buildings, furnitures, instruments, machines and all other appliances connected with the system of communications already established by the Imperial Government of Korea, shall, by virtue of the present Agreement, be transferred to the control of the Imperial Japanese Government. The authorities of the two countries acting together shall make an inventory of the land, buildings and all other requisites mentioned in the preceding paragraph which shall serve as evidence in the future.Scott, * Article III. When it is deemed necessary by the Japanese Government to extend the communication system in Korea, they may appropriate land and buildings belonging to the State or to private persons, the former without compensation and the latter with proper indemnification.Scott, * Article IV. In respect of the control of the communication service and the custody of the properties in connection therewith, the Japanese Government assume, on their own account, the responsibility of good administration. The expenses required for the extension of the communication services shall also be borne by the Imperial Government of Japan. The Imperial Government of Japan shall officially notify the Imperial Government of Korea of the financial condition of the system of communications under their control. * Article V. All appliances and materials which are deemed necessary by the Imperial Government of Japan for the control or extension of the system of communication shall be exempt from all duties and imposts. * Article VI. The Imperial Government of Korea shall be at liberty to maintain the present Board of Communication so far as such retention does not interfere with the control and extension of the services by the Japanese Government. The Japanese Government, in controlling and extending the services, shall engage as many Korean officials and employees as possible. * Article VII. In respect of the arrangements formerly entered into by the Korean Government with the Governments of foreign Powers concerning the post, telegraph and telephone services, the Japanese Government shall in behalf of Korea exercise the rights and perform the obligations pertaining thereto .... * Article VIII. The various conventions and agreements respecting the communication services hitherto existing between the Governments of Japan and Korea are naturally abolished or modified by the present Agreement.Scott, * Article IX. When in future as the result of the general development of the communication system in Korea, there is some adequate profit over and above expenditures defrayed by the Japanese Government for the control and maintenance of the old services and for their extensions and improvements, the Japanese Government shall deliver to the Korean Government a suitable percentage of such profit. * Article X. When in the future an ample surplus exists in the finance of the Korean Government, the control of their communication services may be returned, as the result of the consultation of the two Governments, to the Government of Korea. ::: Hayashi Gonsuke, Envoy Extraordinary and Minister Plenipotentiary (dated, the 1st day of the 4th month of the 38th year of Meiji) :::

Yi Ha-yeong Yi or YI may refer to: Philosophic Principle * Yì (义; 義, righteousness, justice) among the 三綱五常 Ethnic groups * Dongyi, the Eastern Yi, or Tung-yi (Chinese: , ''Yí''), ancient peoples who lived east of the Zhongguo in ancient Ch ...

, Minister of State for Foreign Affairs (dated, the 1st day of the 4th month of the 9th year of Gwangmu)

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 The Hague Secret Emissary Affair (''Heigeu teuksa sageon'', 헤이그 특사사건) resulted from Emperor Gojong of the Korean Empire sending confidential emissaries to the Second Peace Conference at The Hague, the Netherlands, in 1907. Backgro ...

," 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 of ...

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 g ...

, 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 April 1905 Japan–Korea relations Unequal treaties 1905 in Japan 1905 in Korea Treaties concluded in 1905 Treaties of the Empire of Japan Treaties of the Korean Empire April 1905 events Bilateral treaties of Japan

Treaty provisions

Recision

See also

References