개항기 한국에 있어 영사재판권－수호조약상의 근거와 내용－

Abstract

In this study, I tried to make clear how the consular jurisdiction clauses in the Treaties of Friendship (and Commerce) between Korea and other Powers during the Open Ports period were developed, and what normative meanings they have. We could see the early form of the consular jurisdiction clauses in the Treaty with Japan(1876). It was developed, through the Treaty with America into the completed form in the Treaty with Great Britain, which, afterwards, became the model of the treaties with other Powers except for China. Besides, the Powers which concluded the treaties of Friendship with Korea succeeded in the insertion of the most-favored-nation-treatment clause. As a result, they could enjoy the similar rights regarding consular jurisdiction as follows: They exercised their jurisdiction according to their own law in cases they themselves or their citizens were defendants. But exceptionally in civil cases, there were some treaties which had no rule over which law the judicial authority had to comply to. But in reality, the consular jurisdiction was expanded beyond the normative range. Another study would be needed to inquire into the reality of the consular jurisdiction.