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초록· 키워드
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The present study examined details on the Korea Chinese relation changed after the Sino Japanese War (1895~1899) through analyzing legal cases between Korea and China. Specifically, for the analysis, the period was divided into the period of 'The Regulations for the Protection of Chinese Merchants' (December 1894~October 1895) and that of 'The Treaty of Friendship and Commerce between Great Britain and Korea' (November 1895~October 1899) based on the legal ground of legal procedure.
After the outbreak of the Sino Japanese War, Korea abolished the Regulations for Maritime and Overland Trade between Chinese and Korean Subjects, and established the Regulations for the Protection of Chinese Merchants. According to Article 8 of the Regulations for the Protection of Chinese Merchants, Korea exercised jurisdiction over Chinese merchants residing in Korea. Later the British Consulate in Korea abolished the Regulations for the Protection of Chinese Merchants through conference with the Korean government, and exercised jurisdiction over Chinese Merchants in Korea by Article 3 of the Treaty of Friendship and Commerce between Great Britain and Korea.
According to legal cases that took place during the period of the Regulations for the Protection of Chinese Merchants, the Korean government tried Chinese defendants based on the Regulations for the Protection of Chinese Merchants in principle. In legal cases during the period of the Treaty of Friendship and Commerce between Great Britain and Korea, Korea and China (officially Korea and the U.K.) protected their own peoples by the according to defendant's nationality principle of consular jurisdiction and the exercise of the right to observe trials according to provisions on jurisdiction in the Treaty of Friendship and Commerce between Great Britain and Korea. This shows a difference from the period of the Regulations for Maritime and Overland Trade between Chinese and Korean Subjects when consular jurisdiction was applied unilaterally to Chinese in Korea.
The reality that provisions on jurisdiction in the Treaty of Friendship and Commerce between Great Britain and Korea were applied to Chinese in Korea was acknowledged, but although there was no treaty between Korea and China after the Sino Japanese War, public opinion of Korean people criticized the British consul's exercise of jurisdiction over Chinese in Korea. In addition, it was insisted that Chinese' landownership in the concession should not be acknowledged until a new treaty was made.
After the outbreak of the Sino Japanese War, Korea abolished the Regulations for Maritime and Overland Trade between Chinese and Korean Subjects, and established the Regulations for the Protection of Chinese Merchants. According to Article 8 of the Regulations for the Protection of Chinese Merchants, Korea exercised jurisdiction over Chinese merchants residing in Korea. Later the British Consulate in Korea abolished the Regulations for the Protection of Chinese Merchants through conference with the Korean government, and exercised jurisdiction over Chinese Merchants in Korea by Article 3 of the Treaty of Friendship and Commerce between Great Britain and Korea.
According to legal cases that took place during the period of the Regulations for the Protection of Chinese Merchants, the Korean government tried Chinese defendants based on the Regulations for the Protection of Chinese Merchants in principle. In legal cases during the period of the Treaty of Friendship and Commerce between Great Britain and Korea, Korea and China (officially Korea and the U.K.) protected their own peoples by the according to defendant's nationality principle of consular jurisdiction and the exercise of the right to observe trials according to provisions on jurisdiction in the Treaty of Friendship and Commerce between Great Britain and Korea. This shows a difference from the period of the Regulations for Maritime and Overland Trade between Chinese and Korean Subjects when consular jurisdiction was applied unilaterally to Chinese in Korea.
The reality that provisions on jurisdiction in the Treaty of Friendship and Commerce between Great Britain and Korea were applied to Chinese in Korea was acknowledged, but although there was no treaty between Korea and China after the Sino Japanese War, public opinion of Korean people criticized the British consul's exercise of jurisdiction over Chinese in Korea. In addition, it was insisted that Chinese' landownership in the concession should not be acknowledged until a new treaty was made.
목차
Ⅰ. 서론
Ⅱ. 시대적 배경과 소송 안건 처리 과정의 법률적 근거
Ⅲ. 소송 안건의 양상과 처리 과정
Ⅳ. 소송 안건을 통해 본 한중관계의 실상
Ⅴ. 결론
참고문헌 (16)
참고문헌 신청
1. [기타자료] - 권석봉 / 1984 / 청일전쟁 이후의 한청관계 연구(1894~1898) / 청일전쟁을 전후한 한국과 열강
2. [학술지(정기간행물)] - 고려대학교아세아문제연구소 / 1970 / 淸案 / 舊韓國外交文書 8, 9
3. [학술지(정기간행물)] - 고려대학교아세아문제연구소 / 1970 / 英案 / 구한국외교문서 13, 14
4. [기타자료] - 中央硏究院近代史硏究所 / 1972 / 淸季中日韓關係史料 / 臺北 : 中央硏究院近代史硏究所
5. [기타자료] - / / 淸季駐韓使館檔案 / 臺灣 中央硏究院 近代史硏究所 檔案館
2. [학술지(정기간행물)] - 고려대학교아세아문제연구소 / 1970 / 淸案 / 舊韓國外交文書 8, 9
3. [학술지(정기간행물)] - 고려대학교아세아문제연구소 / 1970 / 英案 / 구한국외교문서 13, 14
4. [기타자료] - 中央硏究院近代史硏究所 / 1972 / 淸季中日韓關係史料 / 臺北 : 中央硏究院近代史硏究所
5. [기타자료] - / / 淸季駐韓使館檔案 / 臺灣 中央硏究院 近代史硏究所 檔案館
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