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『독립신문』(1896~1899)의 치외법권 인식 ―일본인 관련 범죄를 중심으로―
한철호 ( Cheol Ho Han ) 고려대학교 역사연구소 2012 사총 Vol.77 No.-
Extraterritoriality (consular jurisdiction), one of the unequal treaties that was contracted between Korea and other imperial nations like Japan and western imperialistic countries, was the poisonous pill that exerted an evil influence on Korea, So research of imperialistic nations` exercise of extraterritoriality and Korea`s response gives us an important clue to inquire into process and character of invasion, and futhermore the character of Korea modern history. This article is studying The Independent`s view of extraterritoriality and Japanese crime, 1896~1899. The Independent criticized English consular jurisdiction about Chinese because Korea severed diplomatic relations with China after the Sino-Japanese War. The Independent pointed out that extraterritoriality is unequal treaty, Japan and other powers misuse extraterritoriality for invasion of Korea. Nevertheless The Independent measured that it`s impossible to abolish extraterritoriality, emphasized the protection of the people`s right by showing the abuse of extraterritoriality. But The Independent insisted equal treaty without extraterritoriality after the negotiations for Treaty of Commerce between Korea and China in October 1989. By using this chance, The Independent claimed equal relation between Korea and China. And The Independent criticized that western powers demand extraterritoriality to eastern and needed to revise it by plan to enhance national prosperity and military power like Japan, Futhermore The Independent paid attention to the case of Transvaal which resisted against English imperialism and claimed planning to enhance military power and reacting the harmful effects of extraterritoriality, The Independent`s recognition was revealed in reporting Japanese crime. The Independent criticized Japanese crime which abused extraterritoriality during King Kogong`s flight to the Russian legation. After that, however, The Independent insisted that Korean government have to prevent Japanese crime by modifying law and punish the Japanese criminals through fair judgement. Although The Independent recognized the unfairness and bad effects of extraterritoriality, couldn`t demand the revision or abolition of it. However it doesn`t mean that The Independent was pro-Japanese or pro-imperialism. The Independent recognized that it is impossible to abolish extraterritoriality because of the weakness of the national power. So The Independent developed the strategy that Korea and Japan must observe the rule which didn`t act well practically. This means that The Independent appreciated that if conditions are satisfied, extraterritoriality could be abolished.
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