병인양요와 그에 관련된 국제법적 문제

Abstract

This study starts with the examination of the French diplomatic documents produced in 1866 and 1867 concerning the Korean persecution of French missionaries in Korea and the French invasion in 1866. This study is in line with the study on the introduction of modern international law concepts in Korea. The French invasion of 1866 is the first war with a western State which Korea had experienced. In 1866, the French military invaded Korea twice. At the first time, the French military tried to find out the way leading to River Han and reached Yangwhajin near the Captital Castle. In the second expedition, the French military invaded the center of Kangwha Island and also pillaged the Island and then went back to China with booties such as royal books kept in the Oikyujanggak. After examining the factual story of the French invasion of 1866, some international law issues related to it were considered. First of all, as the French invasion occurred in 1866, the principle of intertemporal law was mentioned, because the current international law rules may not be applied to facts occurred in time when the international law rules might be different from the current ones. The international legal status of Chosun (Korea) was reviewed. In this part, we confirmed that both China and France recognized Korea as an independent State. It was ascertained that the French government had the strong willing to protect its nationals abroad and also assumed that the French stance was in line with the international law. It was also reviewed how the French policy on the freedom of religion was reflected in the treaties concluded with China and Korea. Finally, in the course of the French invasion of 1866, France followed the Law of War rules, such as rules on how to initiate war and the lawful extent of pillage in time of war. According to then effective international law rules, it was affirmed that the initiation of war without declaring the beginning of war was considered to be lawful. But, it was not acceptable to possess the cultural property of the other party as a booty.