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12 - The End of Extraterritoriality

Published online by Cambridge University Press:  30 April 2022

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Summary

ON 25 AUGUST 1910 the Japanese government notified the British Ambassador in Tokyo that Korea and Japan had signed a Treaty of Annexation on 22 August that would be promulgated on 29 August as from when Japan would carry out administration in Korea in accordance with the following declaration:

The Imperial Japanese Government declares that matters relating to the foreigners and foreign trade in Korea shall be conducted in accordance with the following rules:

  • (1) The Treaties hitherto concluded by Korea with foreign Powers ceasing to be operative, Japan's existing Treaties will, so far as practicable, be applied in Korea.

Foreigners resident in Korea will so far as conditions permit enjoy the same rights and immunities as in Japan proper…

The Imperial Government of Japan are ready to consent that the jurisdiction in respect of cases actually pending in any foreign Consular Courts in Korea at the time the Treaty of Annexation takes effect shall remain in such Courts until final decision.

  • (2) Duties… existing duties continue for ten years.

  • (3) Coasting trade… permitted for ten years within open ports in Korea and ports in Japan.

  • (4) The existing ports of Korea except Masampho will continue as open ports and in addition Shin-Wiju will be newly opened.

Japan's annexation of Korea was hardly a surprise after the establishment of its Protectorate in 1905.

In 1907, the Japanese started re-organising the administration of justice in Korea and, to this end, recruited 15 Japanese judges and 12 court clerks for service in the Korean courts. The Japanese judges in Korea did not take bribes – something that the Japan Weekly Chronicle said that Korean judges considered to be ridiculous. The newspaper suggested that the rapid introduction of Japanese judges and work on a new code of laws was all intended by Japan to end in the abolition of the foreign consular courts in Korea. New independent law courts were established in Korea on 1 August 1908 – all run by the Japanese.

It had taken Japan nearly 30 years to succeed in abolishing extraterritoriality in Japan from the time that Iwakura first raised the issue during his Mission to America and Europe in 1870 – 1871.

Type
Chapter
Information
British Extraterritoriality in Korea 1884-1910
A Comparison with Japan
, pp. 183 - 186
Publisher: Amsterdam University Press
Print publication year: 2021

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