韓淸通商條約 시기(1900～1905) 중국의 在韓 치외법권 연구

Abstract

This study's aim analysed the controversial between Korea and China as viewed through diplomatic sources described the actual circumstances of their relationship after the Treaty of Commerce between Korean and China period. In accordance with the provision of the consular jurisdiction or extraterritoriality under the Treaty of Commerce between Korea and China of 1899, the two countries concerned could be used to the case of according-to-defendant´s- nationality-principle and the properly authorized official of the plaintiff's nationality shall be permitted to attend the trial and watch the proceedings. When the western and great powers enforced an Unequal treaty, the extraterritoriality became the most important matter and its meaning was not the reciprocal factor but the unilateral factor. Extraterritorial provision should had been abrogated in a view of the modern treaty. But the two countries specified extraterritorial clause in the article from the Treaty of Commerce between Korea and China of 1889. The China could be used to the case of according-to-defendant´s- nationality-principle. The China was declared competent to try and decide all cases arising among Chinese subjects, and also all China-Korea cases where the Chinese subjects were accused. Therefore the China could safeguarded china´s compatriots. On the other hand, under Jurisdiction of a mixed court composed of all cases where Korean subjects were the defendants and Chinese subject were the plaintiff, the China's officer shall be permitted to attend the trial and watch the proceedings, but Korea's officer could not affect to the final judgement. It was morally impossible that The Korea reacted against such an extraterritoriality before the Sino-Japanese war of 1894.