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논문 기본 정보

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한국사연구회 한국사연구 韓國史硏究 제165호
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    초록·키워드

    This article focuses on ‘The Treaty limits at the three opening ports’ which was established in Joseon for regulating Japanese people’s moving outside. It contains background of making regulation and operating conditions, in particular, taking note of the casualty accident that occurred to Japanese who had entered Anbyeon(安邊) illegally in March, 1882.
    The process of solving this accident represented how to recognize the regulation and response to violation cases concerning ‘The Treaty limits’ in the early period of opening ports between Joseon and Japan. By examining materials and trials cases related to ‘The Treaty limits’, the logic and the mechanism of consular jurisdiction operated by Japan could be explained concretely.
    Of course, government of Meiji Japan made rules of regulations based on actual necessities of controlling their nationals and an awareness of world public opinion since modifying regulations and operating consular jurisdiction predicated on treaties and laws were civilized standards. However, there were many exceptional cases for them on results of consular jurisdiction in Joseon. For example, one who had committed ‘The Treaty limits’ and surrendered oneself to justice was commuted by Clause 85 of Meiji Criminal law, finally being sentenced a comparatively small fine. Japan’s legislation and management of regulation for ‘The Treaty limits’ show the process of creating logic for protection of its native people. On the other hand, it means that Japan assured their superiority to Joseon on the level of civilization, leading to justifying their actions during overseas expansion.

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      UCI(KEPA) : I410-ECN-0101-2015-910-001668342