“19 segi ‘kukchepŏp’ ŭi sŏngkyŏk kwa choilsuhochokyu (1876)” [19th Century “International Law” and Korean-Japanese Treaty (1876)]

Korean-Japanese Treaty, or Kanghwa Treaty (1876) is a signal for the coming of modern Korean-Japanese relations. Ultimately, Chosǒn Korea was annexed by Japan in 1910 and the dynasty foiled in its own endeavors to preserve sovereignty and pursue development through “International law.” Thus, conventional wisdom shows tendency to understand this treaty as a starting point for Japanese aggression on Korean peninsula as well as a arrival of European “International Law” in East Asia. It is assumed that there had been continuity of Japanese colonial scheme and the solid structure of “International Law.” However, in this paper, the Kanghwa Treaty has more points in terms of revival of the traditional Korean-Japanese relations so that Extraterritorial Jurisdiction, no customs tariff, and opening ports could be understood by the traditional Korean-Japanese perspective on the part of Chosǒn Korea. From the perspective of “International Law,” we can evaluate the Kanghwa Treaty in the process of the international law formation, not an established or given order. This perspective seeks for shedding a new light on the Treaty, rather than denying unequal characters of the treaty and the incorporation of European international law into East Asia.