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The Japan–Korea Treaty of 1910, also known as the Japan–Korea Annexation Treaty, was made by 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 1947 constitution and subsequent form ...
and the Korean Empire on 22 August 1910. In this treaty, Japan formally
annexed Annexation (Latin ''ad'', to, and ''nexus'', joining), in international law, is the forcible acquisition of one state's territory by another state, usually following military occupation of the territory. It is generally held to be an illegal act ...
Korea following the Japan–Korea Treaty of 1905 (by which Korea became a
protectorate A protectorate, in the context of international relations, is a state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over most of its in ...
of Japan) and the
Japan–Korea Treaty of 1907 The Japan–Korea Treaty of 1907 was made between the Empire of Japan and the Korean Empire in 1907. Negotiations were concluded on July 24, 1907.Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921-1922. (1922) ...
(by which Korea was deprived of the administration of internal affairs). Japanese commentators predicted that Koreans would easily assimilate into the Japanese Empire. In 1965, the Treaty of Basic Relations between
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
and
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
confirmed this treaty is "already null and void".


History

The treaty was proclaimed to the public (and became effective) on 29 August 1910, officially starting the period of Japanese rule in Korea. The treaty had eight articles, the first being: "His Majesty the Emperor of Korea makes the complete and permanent cession to 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 ...
of all rights of sovereignty over the whole of Korea".
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 ...
later called the treaty a ''neugyak'' (). The alternative term used in lieu of ''joyak'' () implies the Koreans were coerced into accepting the treaty by the Japanese. ''Gyeongsul Gukchi'' (, National humiliation of the year of Gyeongsul)" and ''Gukchi-il'' (, National humiliation day)" are alternative terms for the year and date the treaty was signed, respectively. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
had already acquiesced to the annexation of Korea by Japan, via the British connection to Imperial Japan via the
Anglo-Japanese Alliance The first was an alliance between Britain and Japan, signed in January 1902. The alliance was signed in London at Lansdowne House on 30 January 1902 by Lord Lansdowne, British Foreign Secretary, and Hayashi Tadasu, Japanese diplomat. A d ...
of 1902; and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
had also sanctioned the annexation, as per the Taft-Katsura Agreement.


Japan–Korea Annexation

The Japanese Empire had already confirmed the policy of Annexation at the Cabinet Meeting on 6 July 1909. However, it was left only to minimize side effects and obtain an international justification. The Japanese imperial government was preparing a scenario for a "merger petition" to
Shigemaru Sugiyama was a Japanese football player, manager, and referee. He played for Japan national team. He also managed Japan national team. Club career Takenokoshi was born in Usuki on February 15, 1906. He played for Tokyo Imperial University LB was consis ...
, an advisor of the Iljinhoe. Prior to this,
Song Byeong-jun Song Byeong-jun (Korean:송병준, hanja:宋秉畯, August 20, 1857 – February 1, 1925) was a Korean Joseon dynasty politician, noted for his role in the Japan–Korea Treaty of 1910. His clan was the Eunjin Song clan. His literary name was Je ...
went to the Japanese Empire in February 1909 and held a bargaining for the country. Many times,
Itō Hirobumi was a Japanese politician and statesman who served as the first Prime Minister of Japan. He was also a leading member of the '' genrō'', a group of senior statesmen that dictated Japanese policy during the Meiji era. A London-educated sa ...
urged a "merger", but when work was delayed due to the Japanese imperial armed forces plan, he went directly to the Japanese Empire and negotiated a "merger" against the Japanese imperial Prime Minister
Katsura Tarō Prince was a Japanese politician and general of the Imperial Japanese Army who served as the Prime Minister of Japan from 1901 to 1906, from 1908 to 1911, and from 1912 to 1913. Katsura was a distinguished general of the First Sino-Japanes ...
and other members of the Japanese imperial Choya. If
Song Byeong-jun Song Byeong-jun (Korean:송병준, hanja:宋秉畯, August 20, 1857 – February 1, 1925) was a Korean Joseon dynasty politician, noted for his role in the Japan–Korea Treaty of 1910. His clan was the Eunjin Song clan. His literary name was Je ...
's cabinet is established, not only is there a risk of retaliation, but also Ye Wanyong, fearing that the main role of the annexation will be taken away, said, "Even if the current cabinet collapses, a more pro-Japanese cabinet cannot come out." and voluntarily informed the Ministry of Knowledge Economy that it was possible. In directing such a scenario, the Japanese Empire gradually decided that the period of “Annexation” was ripening, and promoted Shigemaru to make a “joining petition” using Lee Yong-gu and
Song Byeong-jun Song Byeong-jun (Korean:송병준, hanja:宋秉畯, August 20, 1857 – February 1, 1925) was a Korean Joseon dynasty politician, noted for his role in the Japan–Korea Treaty of 1910. His clan was the Eunjin Song clan. His literary name was Je ...
.


Legality

The legality of the treaty was later disputed by the exiled Provisional Government of the Republic of Korea, as well as the
South Korean government The Government of South Korea is the union government of the Republic of Korea, created by the Constitution of South Korea as the executive, legislative and judicial authority of the republic. The president acts as the head of state and is th ...
. While the treaty was affixed with the national seal of the Korean Empire, Emperor Sunjong of Korea refused to sign the treaty as required under Korean law. The treaty was instead signed by Prime Minister Ye Wanyong of the Korean Empire, and Resident General Count Terauchi Masatake of the Empire of Japan. This issue caused considerable difficulty in negotiating the establishment of basic diplomatic relations between the countries. Korea insisted on including a chapter stipulating, "The treaty was null and void", although Japanese government did not confirm the illegality. Japanese government insisted the treaty was null and void in 1965. A compromise was reached in language of Article II of the 1965 Treaty on Basic Relations: "It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910, are already null and void."


Conference to discuss legality of the treaty

In January, April, and November 2001, an academic conference on the legality of Japan's annexation of Korea from 1910 to 1945 (titled ''A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives'') was held at
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of highe ...
with the support of the Korea Foundation. Scholars of history and international law participated from South Korea,
North Korea North Korea, officially the Democratic People's Republic of Korea (DPRK), is a country in East Asia. It constitutes the northern half of the Korean Peninsula and shares borders with China and Russia to the north, at the Yalu (Amnok) and T ...
, Japan, the United States, the United Kingdom, Germany, and Canada. Anthony Carty, a professor at the
University of Derby , mottoeng = Experience is the best teacher , established = 1851 – Teacher Training College1992 – gained university status , type = Public , chancellor = William Cavendish, E ...
, stated, "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty." According to the ''Asian Yearbook of International Law'', in his book on international law, "Carty prefers seeing the relationship between Japan and Korea at the time with reference to the reality of the then international community dominated by Western powers, rather than viewing it in terms of treaty law as argued by Korean scholars". Alexis Dudden, a professor at the
University of Connecticut The University of Connecticut (UConn) is a public land-grant research university in Storrs, Connecticut, a village in the town of Mansfield. The primary 4,400-acre (17.8 km2) campus is in Storrs, approximately a half hour's drive from H ...
, discussed
Nitobe Inazō was a Japanese author, educator, agricultural economist, diplomat, politician, and Protestant Christian during the late Meiji era. Early life Nitobe was born in Morioka, Mutsu Province (present-day Iwate Prefecture). His father Nitobe J� ...
's science of colonial policy. She is the author of ''Japan's Colonization of Korea: Discourse and Power'' in which she discusses how Japanese policymakers carefully studied and then invoked international law to annex Korea legally. According to
Kan Kimura is a Japanese scholar of political studies and area studies. He is now a professor at Graduate School of International Cooperation Studies, Kobe University, Japan. Career Kimura was born in 1966 in Higashiosaka, Osaka Prefecture, Japan. He st ...
, a major result of this conference is that the Korean claim that the annexation was illegal was rejected by the participating Western scholars, as well as others specializing in international law.


Activism

On 28 August 2007, regarding the General Power of Attorney by Sunjong, Korean newspaper '' Dong-a Ilbo'' reported that Korean monarchs did not sign in the official documents with their real names, traditionally, but the Korean Emperor was forced by Japan to follow a new custom to sign with his real name, which originated from the Western Hemisphere. It mentioned Sunjong's signature may be compulsory. On 23 June 2010, 75 South Korean congressmen suggested the legal nullification of the Japan–Korea Annexation Treaty to the Prime Minister
Naoto Kan is a Japanese politician who was Prime Minister of Japan and President of the Democratic Party of Japan (DPJ) from June 2010 to September 2011. Kan was the first Prime Minister since the resignation of Junichiro Koizumi in 2006 to serve for m ...
. On 6 July 2010, Korean and Japanese progressive Christian groups gathered in Tokyo's Korean
YMCA YMCA, sometimes regionally called the Y, is a worldwide youth organization based in Geneva, Switzerland, with more than 64 million beneficiaries in 120 countries. It was founded on 6 June 1844 by George Williams in London, originally ...
chapter and jointly declared that the Japan–Korea Annexation Treaty was unjustified. On 28 July 2010, around 1000 intellectuals in Korea and Japan issued a joint statement that the Japan–Korea Annexation Treaty was never valid in the first place.


See also

* Taft–Katsura Agreement * Root–Takahira Agreement *
Treaty of Portsmouth A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
* Anglo–Japanese Alliance *
Unequal treaty Unequal treaty is the name given by the Chinese to a series of treaties signed during the 19th and early 20th centuries, between China (mostly referring to the Qing dynasty) and various Western powers (specifically the British Empire, France, the ...
* History of Japan–Korea relations *
Korea under Japanese rule Between 1910 and 1945, Korea was ruled as a part of the Empire of Japan. Joseon Korea had come into the Japanese sphere of influence with the Japan–Korea Treaty of 1876; a complex coalition of the Meiji government, military, and business off ...
* List of territories occupied by Imperial Japan


Notes


References

* * * 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


External links

* Japan Korea Annexation Treaty of 1910 from Wikisource
"The annexation of Korea" (editorial) ''Japan Times'', August 29, 2010


''Asia News'', May 20, 2010 {{DEFAULTSORT:Japan-Korea Treaty Of 1910 Korea under Japanese rule Japan–Korea relations Treaties involving territorial changes 1910 in Japan 1910 in Korea Treaties concluded in 1910 Treaties entered into force in 1910 Treaties of the Empire of Japan Treaties of the Korean Empire August 1910 events Bilateral treaties of Japan