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조미조약 한문 초안의 번역문 보고

제1차 조약 체결 과정

 
  • 발신자H.S. Parkes
  • 수신자G.L.G. Granville
  • 발송일1882년 6월 21일(음)
  • 수신일1882년 7월 27일(음)
  • 출전FO 46/285.
No. 58

Sir H. Parkes to Earl Graville.—(Received July 27)
(No. 74)
Tôkiô, June 21, 1882

My Lord,

I HAVE the honour to inclose four copies of a translation prepared by Mr. Satow of a Chinese draft of the Treaty lately concluded by Commodore Schufeldt with Corea, as published in several Japanese newspapers.
The Publication of this document in that mode attracted much attention, as it appeared as soon as the conclusion of the Treaty became known here by wire, about a week after it was signed, and before the Japanese Government, as the Foreign Minister assured me, had received any copy. The latter, indeed, were inconvenienced by its publication, as they were assailed on their Corean policy by the editors who have the Treaty publicity.
It is obvious, therefore, that the latter must have obtained a copy at Tien-tsin simultaneously with, if not antecedent to, Commodore Schufeldt’s departure from that place to Corea.
I understand from Admiral Willes that the 1st Article, acknowledging the partial dependency of Corea and China, which gives considerable umbrage to the Japanese, has been omitted in the Treaty signed by Commodore Schufeldt, having been transferred, as in the case of the British Treaty, to a letter from the King of Corea.

I have, &e.
(Signed) HARRY S. PARKERS

Inclosure in No. 58

Chinese Draft of the Treaty between the American Admiral and Corea.

(Translation)
Corea and the United States of America being desirous of Strengthening their friendly relations, and of facilitating commercial intercourse between their respective peoples, the Sovereign of Corea and the President of the United States have appointed Plenipotentiaries, who, having communicated to each other their respective full powers and found them to be in good and due form, have agreed upon and concluded the following Articles:―

ARTICLE I

Corea is a dependency of China, but has always been autonomous as regards both internal government and foreign relations. Corea and America having mutually agreed that the king of Corea enters into this Treaty in accordance with international law relating to autonomy, the latter undertakes to carry it out faithfully, while the President of the United States will not interfere with Corea’s relationship of dependency on China.

ARTICLE II

There shall be perpetual peace and friendship between the King of Corea and the President of the United States and their respective peoples. Should any other country act unjustly or oppressively the sufferer shall at once inform the other Contracting Party, who shall endeavor to bring about an amicable arrangement of the question, thus showing friendly feeling.

ARTICLE III

The two countries having now entered into a Treaty of Commerce and Friendship may appoint Diplomatic Representatives to reside at the respective capitals, and Consuls-General or other officers to reside at each other’s open ports, as they may find expedient. These officers, in their intercourse with the officials of the country where they are appointed to reside, shall be on a footing of perfect equality. The Diplomatic Representatives and the Consuls, and other officers of the two country, shall respectively enjoy all the privileges accorded to the officials of the most favoured nation. The Consuls shall obtain the exequatur of the country to which they are appointed before they can enter on their functions. The consuls appointed must be regular officials, and must not be merchants, or engage in trade. When no Consul is appointed, the Consul of another country may be requested to discharge the duties, but in no case can they be discharged by a merchant. Or the local authorities may discharge them, in accordance with the present Treaty. Should any American Minister in Corea disagree [sic] with the Corean authorities, his exequatur may be withdrawn.

ARTICLE IV

American Vessels encountering storms off the coast of Corea, or being in want of food, fuel, or water, at a distance from an open port, may anchor wherever convenient, either for shelter or for the purpose of obtaining supplies or repairing, and all the expenses thus incurred will be paid by the master or owners of the ship. The local authorities shall treat them with kindness, render them assistance, and supply their requirements. If American vessels shall attempt to smuggle at an unopen port, their cargoes shall be confiscated. If an American vessel is wrecked on the coast of Corea, the local authorities on hearing of it shall immediately give orders for the crew to be protected and supplied with food, and at the same time measures shall be taken for the protection of the vessel and cargo, and the Consul shall be informed, in order that he may send the crew back to their own country. All expenditure for the recovery of the cargo shall be repaid either by the master or owners, or by the United States.

ARTICLE V

American citizens residing in Corea, and peaceably pursuing their callings, shall be protected in their persons and property by the local Corean authorities, who shall not allow them to be insulted or injured. If any lawless person should attempt to damage the house or property of an American, the local authorities shall immediately inform the Consul, and send officers to maintain order, search for and arrest the ringleaders, and punish them severely, according to law. If any Corean subject insult an American citizen, it shall devolve upon the Corean authorities to punish him in accordance with Corean law. If any American citizen, whether on shore or afloat, should insult, molest, or injure a Corean subject in his person or property, it shall devolve upon the American Consul, or other officer appointed by America, to arrest and punish the offender according to American law. If a cause of action shall arise between Corean subjects and American citizens in Corea, the authorities of the nationality of the defendant shall decide it according to the laws of their own country, but the authorities of the plaintiff’s country may appoint officers to watch the case. The judicial officers shall treat each other with courtesy, and may summon witnesses to give evidence as to the facts of the case, if they deem it desirable. If the judicial officer’s judgment is considered unjust, appeal may be made to the Governments of the United States and Corea for decision. If Corea should hereafter establish laws and a judicial system which shall be in harmony with those of the United States, then the right of American officials to exercise jurisdiction in Corea shall be revoked, and United States’ citizens in Corea shall thereafter come under the jurisdiction of the local authorities.

ARTICLE VI

Corean merchants and merchant-vessels proceeding to the United states to trade shall pay duties, shipping dues, and all other charges in accordance with the Customs Regulations of the United States, but no higher or other rates of dues and duties shall be levied on them than those which are levied on United States’ citizens, or on the subjects or citizens of the most favoured nation. American merchants and merchant vessels proceeding to Corea for the purpose of trading shall pay duties on all goods imported and exported; the right of imposing duties being inherent in Corea’s autonomy.
Import and export Tariffs and Customs Regulations for the prevention of smuggling shall be established by the Corean Government, and be communicated in advance to the American officials, that they may notify them to their citizens for their guidance. The Tariff, as at first arranged, shall not exceed on imports 10 per cent, ad valorem on the necessaries of life, and 30 per cent, on luxuries, foreign liquors, Manila tobacco, clocks, watches, and such like goods, and on exports of all kinds shall not exceed 5 per cent. Imported goods shall pay no other dues or charges than the regular duties, whether transported into the interior or remaining at a port. American merchant-vessels entering Corean ports shall pay 5 mace per ton, per quarter, according to the Chinese calender.

ARTICLE VII

Corean subjects proceeding to any place in the United States are at liberty to reside there, rent or buy houses, and build godowns, as they may find desirable, may engage in commerce, or follow mechanical trades, and may buy and sell all kinds of produce and manufactures not being prohibited. American merchants proceeding to Corea may reside at the open ports within the limits set apart for the purpose, and may therein rent houses or land, and build houses, as they may find desirable, may engage in commerce or follow mechanical trades, and may buy and sell all kinds of produce and manufactures, not being prohibited. But in the leasing of land the parties shall be subject to no constraint, and rent shall be paid according to the rates established by the Corean authorities. The land thus rented continues to form part of the territory of Corea, and, with the exception of the jurisdiction over American citizens which is herein conceded to the American authorities, shall be entirely under the jurisdiction of the Corean local authorities. American citizens shall not transport foreign goods into the interior for sale, nor shall they go into the interior to purchase native goods, nor transport native goods form one port to another. Contravention hereof will be followed by the confiscation of the goods, and the trader so offending will be punished by his Consul.

ARTICLE VIII

Corea and America hereby agree that Corean subjects shall not be permitted to import opium into the ports of the United States, nor shall United States’ citizens import opium into the ports of Corea, or transport it from one port to another. All trading in opium is, moreover, prohibited. The respective Governments will for ever prohibit and prevent their subjects or citizens from hiring the vessels of their own or any other nationality, either for their own account, or on account of the merchants or citizens of any other nationality, for the transport of opium, and any infringement of the prohibition so enacted shall be most severely punished.

ARTICLE IX

If Corea should have any reason to apprehend a scarcity of food within her own borders, the King of Corea may for a while prohibit the export of grain, and after this has been communicated through the local authorities, the United States’ officials shall notify it to their citizens at the ports for them to observe. The export of red ginseng has always been prohibited by Corea, and, should American citizens attempt to smuggle it out, it shall all be confiscated, and the offenders shall be severely punished.

ARTICLE X

Cannon, fire-arms, weapons of all kinds, gunpowder and ammunition, and all other material of war, can only be purchased by the Corean authorities, or imported by United States’ citizens provided with the express written permission of the Corean authorities. Any such articles secretly imported will be confiscated, and the offenders shall be severally punished.

ARTICLE XI

Officials and merchants of either nation residing at places open to trade may freely employ any class of person in any lawful occupation, but Coreans having violated the laws of their country, or being implicated in any charge, who conceal themselves in the residence, godown, or merchant-vessel of an United States’ merchant, shall, on the application of the local authorities to the United States’ Consul, be either arrested by the (Corean) police, or by the Consul’s deputy for surrender to the Corean police, and no United States’ citizens shall harbour or detain such persons.

ARTICLE XII

All possible facilities and assistance shall be given to students of either nationality to study the languages, laws, arts, and industries of the other, in order that friendly feelings and goodwill may be promoted between the two countries.

ARTICLE XIII

This being the first Treaty entered into by Corea, it has been sought to make its provisions as simple as possible, and all the provisions it contains shall be duly carried out for the present. As to what it does not contain, the [Contracting Parties] shall wait for five years, until their respective languages shall be better known to each other, when a revision shall take place.
The Trade Regulations in all their details shall be equitably arranged in accordance with the principles of international law, on a footing of perfect equality.

ARTICLE XIV

In the present Treaty and all subsequent communications Corea shall use the Chinese language, and America either Chinese or English with a Chinese rendering, so as to avoid error or misunderstanding.

ARTICLE XV

All special favours, grants, or privileges, whether relating to navigation, commerce, or intercourse, not contained in this Treaty, nor previously acquired by any other nation, which shall, subsequent to the conclusion of the present Treaty between the two countries, be accorded to any other country or its subjects or citizens, shall be equally accorded to the United States’ officials and citizens, and with regard to favoured treatment in the nature of concessions accorded to another country and secured by special stipulations, for which something has been given in return, the United States may enjoy the advantages of the favoured treatment of those special stipulations by agreeing to the same reciprocal conditions.

The foregoing Articles have been agreed to and put in writing by the Plenipotentiaries of Corea and America in Corea, and six copies, identically worded, having been made, three in Chinese and three in English, they have been signed and sealed as evidence thereof, and will be ratified by the two Governments, and the ratifications having been exchanged in Corea within one year from this date, this Treaty will be notified to the officials and people of the two countries, in order that they may know and observe the same.

In the Corean year,monthday.
1882 year of the American era,month,day.

 
이름
H. Parkes , Graville , Satow , Schufeldt , Schufeldt , Willes , Schufeldt , HARRY S. PARKERS
지명
Tôkiô , Tien-tsin
사건
the Treaty between the American Admiral and Corea

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