Studies On "Five Eulsa Treaty"

This paper is intented to "Five Eulsa Treaty(乙巳五条约)" to be research topices to discuss that Japan established protective power to Korea.And show that it has been the results of the established "Continent Policy"(大陆政策) since the Japan Meiji Restoration,moreover it is that Japan forced the Emperor of the DAEHAN(Korean) Empire and Government Ministers to sign the treaty.In the light of the principles of intertemporal law,also according to traditional international law,"Five Eulsa Treaty" gets legal evaluation,which is cognized invalidation from beginning.The paper consists of seven major parts,namely,the subject of this paper is constituted by the four chapters,including introduction, conclusion and bibliography.ChapterⅠ,importantly thinking of the process from the appearance of "the Theory of Overwhelming Korea(征韩论)"to the forced sign of"Agreement between Korea and Japan(韩日协定书)" as a range, discusses t hat t he implementation o f Japan's "the Theory of Overwhelming Korea" led to break out Sino-Japanese War,and further proves "the Russo-Japanese War" was the continuation of "the Sino-Japanese War".Japan grabed the whole borders of the DAEHAN(Korean) Empire regardless of declaration of neutrality of Korea(韩国局外中立宣言),and gradually established "The Politics of Consultation(顾问政治) "system to the DAEHAN(Korean) Empire.ChapterⅡ,regarding the process which Japan planed and concluded "Five Eulsa Treaty" as the main contents,discusses that the treaty was signed when the Ministers of the DAEHAN(Korean) Empire were confined in the assembly hall and subjected to the human body penalty.The signing of"Five Eulsa Treaty" immediately aroused dissatisfaction of the majority of the people of Korea and intense opposition.ChapterⅢ,looking upon the process from the conclusion of"Five Eulsa Treaty" to the abdication, which Emperor GOJONE(高宗皇帝)was forced to give up his throne as a range,discusses that Emperor GOJONE(高宗皇帝) not only never consented to it but also carried on secret envoy diplomacy struggle untill the eve of his forced abdication.Absolutely Kwangmu Emperor(光武帝) never surrendered to Japan.Never did he volunteer to yield and attaint the holy soil either.In ChapterⅣ"Five Eulsa Treaty" is evaluated by the theory of international law.Whether according to domestic law of the DAEHAN(Korean) Empire of the time,or making use of "the principle of intertemporal law",and in accordance with the international law between the end of 19 century and the beginning of 20century,we can say that this treaty has never been come into existence.But on the basis of"Japan-Korea Annexation Treaty"(韩国并合条约) in 1910,of course it is also null and void in law. Thus,Japan's "the colonial rule"(殖民统治) in Korea would become the behavior of military forcible occupation.Therefore,the Japanese side should carry through compensation to the action that he occupied Korea illegaly in 36years,and make up its defects.This paper fully absorbs the results of predecessors' studies and on the basis of them,it shows several creative viewpoints in the following aspects:Firstly,it studies the process which Japan grabed the DAEHAN(Korean) Empire 100years ago in order to illustrate that his protective power which Japan established to the DAEHAN(Korean) Empire is the second phase of one of the three aggressive stages, that is,"guidance","protection",and "control"(control here means domination),which are appeared before and after the Russo-Japanese War.Its aggressive purpose was to swallow up the DAEHAN (Korean) Empire finally.Secondly,as early as during May and June of 1904,for the first time the Japanese cabinet and the Emperor of Japan decided to carry out the aggressive plan that they performed the power of protection to the DAEHAN(Korean) Empire or annexed it.Thirdly,it is definited that "Five Eulsa Treaty" is treaty which the Emperor of the DAEHAN(Korean) Empire and Government Ministers were forced to sign.Nevertheless Emperor GOJONE(高宗皇帝) "never permited".Fourthly, according to the international law and domestic law in the DAEHAN(Korean) Empire of the time,It is believed that "Five Eulsa Treaty" never exists and is null and void.