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근대한국외교문서

1차 조영수호통상조약

〖關係資料〗
  • 발송일
    1882년 6월 6일(음)(高宗十九年 四月二十一日)
  • 출전
    『朝英通商章程』 (奎 23358)
大朝鮮國與大英國均願敦崇和好惠顧彼此人民是以大朝鮮國大君主特派大官經理統理機務衙門事趙寗夏副官經理統理機務衙門金宏集大英國大君主特派水師提督駐紮中國各兵船統領勳錫佩帶三等寶星韋力士彼此皆係特派議約大員互訂條款臚列於左

 第一款
嗣後大朝鮮國大君主大英國大君主並其人民各皆永遠和平友邦若他國有何不公輕藐之事一經照知必須相助從中善爲調處以示友誼關切

 第二款
此次立約通商和好後兩國可交派秉權大臣駐紮彼此都城並於彼此通商口岸設立領事等官均聽其便此等官員與本地官交涉往來均應用品級相當之理兩國秉權大臣與領事等官享獲種種恩施與彼此所待最優之國官員無異領事官必須奉到駐紮之國批准文憑方可視事所派領事等官必須眞正官員不得以商人兼充亦不得兼作貿易儻各口未設領事官或請別國領事兼代亦不得以商人兼充或卽由地方官照現定條約代辦若駐紮朝鮮之英國領事等官辦事不合須知照英國公使彼此意見相同可將批准文憑追回

 第三款
英國船隻在朝鮮左近海面如遇颶風或缺糧食煤水距通商岸口太遠應許其隨處收泊以避颶風購買食量修理船隻所有經費係由船主自備地方官民應加憐恤援助供其所需如該船在不通商之口潛往貿易拿獲船貨入官如英國船隻在朝鮮海岸破壞朝鮮地方官一經聞知卽應飭令將水手先行救護供其糧食等項一面設法保護隻船貨物竝行知照領事官俾將水手送回本國並將船貨撈起一切費用或由船主或由英國認還

 第四款
英國民人在朝鮮居主安分守法其性命財産朝鮮地方官應當代爲保護勿許稍有欺陵損壞如有不法之徒欲將英國房屋産業搶劫燒毁者地方官一經領事告知卽應派兵彈壓並査拿罪犯按律重辦朝鮮民人如有欺陵英國民人應歸朝鮮官按朝鮮律例懲辦英國民人無論在商船在岸上如有欺陵騷擾損傷朝鮮民人性命財産等事應歸英國領事官或英國所派官員按照英國律例査拿懲辦其在朝鮮英國民人如有涉訟應由被告所屬之官員以本國律例審斷原告所屬之國可以派員聽審審官當以禮相待聽審官如欲傳訊査訊分訊訂見亦聽其便如以審官所斷爲不公亦許其詳細駁辯大英國與大朝鮮國彼此明定如朝鮮日後改定律例及審案辦法在英國視與本國律例辦法相符卽將英國官員在朝鮮審案之權收回以後朝鮮境內英國人民卽歸地方官管轄

 第五款
朝鮮國商民並其商船前往英國貿易凡納稅船鈔並一切各費應遵照英國海關章程辦理與徵收本國人民及相待最優之國稅鈔不得額外加增英國商民並其商船前往朝鮮貿易進出口貨物均應納稅其收稅之權應由朝鮮自主所有進出口稅項及海關禁防偸漏諸弊悉聽朝鮮政府設立規則先期知會英國官布示商民遵行現擬先訂稅則大略各色進口貨有關民生日用者照估價値百抽稅不得過一十其奢靡玩耍等物如洋酒呂宋煙鐘錶之類照估價値百抽稅不得過三十至出口土貨槪照値百抽稅不得過五凡進口洋貨除在口岸完納正稅外該項貨物或入內地或在口岸永遠不納別項稅費英國商船進朝鮮口岸須納船鈔每噸銀五錢每船按中歷一季抽一次

 第六款
朝鮮國商民前往英國各處准其在該處居住賃房買地起蓋棧房任其自便其貿易工作一切所有土産以及製造之物與不違禁之貨均許買賣英國商船商民前往朝鮮已開口岸准其在該處所定界內居住賃房租地建屋任其自便其貿易工作一切所有土産以及製造之物與不違禁之物均許買賣惟租地時不得稍有勒逼該地租價悉照朝鮮所定等則完納其出租之地仍歸朝鮮版圖除按此約內所指明歸英國官員應管商民外皆仍歸朝鮮地方官管轄英國商民不得以洋貨運入內地售賣亦不得自入內地采買土貨倂不得以土貨由此口販運彼口違者將貨物入官並將該商交領事官懲辦

 第七款
朝鮮國與英國彼此商定朝鮮商民不准販運洋藥入英國通商口岸英國商民亦不准販運洋藥入朝鮮通商口岸並由此口運往彼口亦不准作一切買賣洋藥之貿易所有兩國商民無論僱用本國船別國船及本國船爲別國商民僱用販運洋藥者均由各本國自行永遠禁止査出從重懲罰

 第八款
如朝鮮國因有事故恐致境內缺食大朝鮮國大君主得暫禁米糧出口經地方官照知後由英國官員轉飭在各口英國商民一體遵辦惟於已開仁川一港各色米糧槪行禁止運出紅葠一項朝鮮舊禁出口英國人如有潛買出洋者均査拿入官仍分別懲罰

 第九款
凡礮位鎗刀火藥鉛丸一切軍器應由朝鮮官自行采辦或英國人奉朝鮮官准買明文方准進口如有私販査貨入官仍分別懲罰

 第十款
凡兩國官員商民在彼此通商地方居住均可僱請各色人等勷執分內工作惟朝鮮人遇犯本國例禁或牽涉被控凡在英國商民寓所行棧及商船隱匿者由地方官照知領事官或准差役自行往拿或由領事派人拿交朝鮮差役英國官民不得稍有庇縱掯留

 第十一款
兩國生徒往來學習語言文字律例藝業等事彼此均宜勷助以敦睦誼

 第十二款
玆朝鮮國初次立約所訂條款姑從簡略應遵條約已載者先行辦理其未載者俟五年後兩國官民彼此言語稍通再行議定至通商詳細章程須酌照萬國公法通例公平商訂無有輕重大小之別

 第十三款
此次兩國訂立條約與夫日後往來公牘專用華文英國亦用華文或用英文必須以華文註明以免歧誤

 第十四款
現經兩國議定嗣後大朝鮮國大君主有何惠政恩典利益施及他國或其商民無論關涉海面行船通商貿易交往事爲該國並其商民從來未霑抑爲此條約所無者亦准英國官民一體均霑惟此種優待他國之利益若立有專條互相酬報者英國官民必將互訂酬報之專條一體遵守方准同霑優待之利益

以上各款現經大朝鮮國大英國大臣同在朝鮮仁川府議定繕寫華洋文三分句法相同先行畵押葢印以昭憑信仍俟兩國御筆批准總以一年爲期在朝鮮仁川府互換然後將此約各款彼此通諭本國官員商民俾得咸知遵守

大朝鮮國開國四百九十一年 卽中國光緖八年四月二十一日
西曆一千八百八十二年六月初六日

Treaty

The United Kingdom of Great Britain and Ireland, and the Kingdom of Chosen, being sincerely desirous of establishing permanent relations of amity and friendship between their respective peoples, have, to this end, appointed, that is to say, Her Majesty, the Queen of Great Britain and Ireland, Vice Admiral George Ommanney Willes, a Companion of the Most Honourable Order of the Bath and Commander-in-Chief of Her Majesty’s Ships employed on the China Station as Her Representative, and His Majesty, the King of Chosen, Isas Ling Hsia, a Member of the Royal Council, and Ching Hung Kie, a Member of the Royal Council, as His Representatives, who, being duly powered, have agreed upon the several following Articles: -

ARTICLE I – There shall be perpetual peace and friendship between the Queen of Great Britain and Ireland and the King of Chosen, and the subjects of their respective Governments. If other Powers deal unjustly or oppressively with either Government, the other will exert its good offices, on being informed of the case, to bring about an amicable arrangement, thus showing friendly feelings.

ARTICLE II – After the conclusion of this Treaty of Amity and Commerce, the High Contracting Powers may each appoint Diplomatic Representatives to reside at the Court of the other, and may each appoint Consular Representatives at the Ports of the other, which are open to foreign commerce, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank, upon a basis of mutual equality.
The Diplomatic and Consular Representatives of the two Governments shall receive, mutually, all the privileges, rights, and immunities, without discrimination, which are accorded to the same class of representatives from the most favoured nation.
Consuls shall exercise their functions only on receipt of an exequatur from the Government to which they are accredited. Consular authorities shall be bona fide officials. No merchants shall be permitted to exercise the duties of the office, nor shall Consular Officers be allowed to engage in trade. At Ports to which no Consular Representatives have been appointed, the Consuls of other powers may be invited to act, provided that no merchant shall be allowed to assume Consular functions, or the provisions of this Treaty may, in such case, be enforced by the local authority.
If Consular Representatives of the British Government in Chosen conduct their business in an improper manner, their exequaturs may be revoked, subject to the approval, previously obtained, of the Diplomatic Representative of the British Government.

ARTICLE III – Whenever British vessels, either because of stress of weather, or by want of fuel or provisions, cannot reach the nearest open port in Chosen, they may enter any port or harbour, either to take refuge therein, or to get supplies of wood, coal or other necessaries, or to make repairs, the expenses incurred thereby being defrayed by the ship’s master. In such event the Officers and people of the locality shall display their sympathy by rendering full assistance and their liberality by furnishing the necessaries (see) required. If a British vessel carries on a clandestine trade at a port not open to foreign commerce such vessel with her cargo shall be seized and confiscated.
If a British vessel be wrecked on the Coast of Chosen, the local authorities on being informed of the occurrence shall immediately render assistance to the crew, provide for their present necessities, and take measure necessary for the salvage of the ship and the preservation of her cargo. They shall also bring the matter to the knowledge of the nearest Consular Representative of the British Government in order that steps may be taken to send the crew home and to save the ship and her cargo. The necessary expenses shall be defrayed either by the ship’s master or by the British Government.

ARTICLE IV – All British subjects in Chosen peaceably attending to their own affairs shall receive and enjoy for themselves and everything appertaining to them the protection of the local authorities of the Government of Chosen, who shall defend them from all insult and injury of any sort.
If their dwellings or property be threatened or attacked by mobs, incendiaries or other violent or lawless persons the local officers on requisition of the Consul shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals and punish them with the utmost rigour of the law. Subjects of Chosen guilty of any criminal act towards British subjects shall be punished by the Authorities of Chosen according to the laws of Chosen; and British subjects, either on shore or in any merchant vessel who may insult, trouble or wound the persons or injure the property of the people of Chosen shall be arrested and punished only by the Consul or other public British functionary thereto authorized according to the laws of the British Government. When controversies arise with the Kingdom of Chosen between subjects of Her Majesty the Queen of Great Britain and Ireland, and subjects of His Majesty the King of Chosen, which need to be examined and decided by the public officers of the two nations, it is agreed between the two Governments of England and Chosen that such cases shall be tried by the proper official of the nationality of the defendant, according to the laws of that nation.
The properly authorized official of the plaintiff’s nationality, shall be fully permitted to attend the trial, and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires, he shall have the right to present and to examine and cross-examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail.
It is however mutually agreed and understood between the High Contracting Powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial procedure of his kingdom, that in the judgment of the British Government, they conform to the laws and course of justice in England, the right of exterritorial jurisdiction over British subjects in Chosen shall be abandoned, and thereafter British subjects when within the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities.

ARTICLE V – Merchants and merchant vessels of Chosen visiting the United Kingdom of Great Britain and Ireland, and its colonies and possessions for the purpose of traffic, shall pay duties and tonnage dues, and all fees, according to the Custom Regulations of the British Government, but no higher or other rates of duties and tonnage dues shall be exacted of them than are levied upon British subjects, or upon citizens or subjects of the most favored nation.
British merchants and merchant vessels visiting Chosen for the purpose of traffic shall pay duties upon all merchandise imported and exported.
The authority to levy duties is of right vested in the Government of Chosen. The tariff of duties upon exports and imports, together with the Customs Regulations for the prevention of smuggling and other irregularities, will be fixed by the Authorities of Chosen and communicated to the proper officials of the British Government, to be by the latter notified to their subjects and duly observed.
It is however agreed in the first instance as a general measure that the tariff upon such imports as are articles of daily use shall not exceed an ad valorem duty of ten per centum; that the tariff upon such imports as are luxuries, as, for instance, foreign wines, foreign tobacco, clocks and watches shall not exceed an ad valorem duty of thirty per centum; and that native produce exported shall pay a duty not to exceed five per centum ad valorem; and it is further agreed that the duty upon foreign imports shall be paid once for all at the port of entry, and that no other dues, duties, fees, taxes or charges of any sort shall be levied upon such imports either in the interior of Chosen or at the Ports.
British merchant vessels entering the ports of Chosen shall pay tonnage dues at the rate of five mace per ton, payable once in three months on each vessel, according to the Chinese Calendar.

ARTICLE VI – Subjects of Chosen who may visit Great Britain, its colonies and possessions, shall be permitted to reside, and to rent premises, purchase land, or to construct residences or warehouses in all parts of the country. They shall be freely permitted to pursue their various callings and avocations, and to traffic in all merchandise, raw and manufactured, that is not declared contraband by law.
British subjects who may resort to the ports of Chosen which are open to foreign commerce, shall be permitted to reside at such open ports within the limits of the concession, and to lease buildings or land, or to construct residences or warehouses therein. They shall be fully permitted to pursue their various callings and avocations within the limits of the port, and to traffic in all merchandise, raw and manufactured, that is not declared contraband by law. No coercion or intimidation in the acquisition of land or building shall be permitted, and the land rent as fixed by the Authorities of Chosen shall be paid.
And it is expressly agreed that land so acquired in the open ports of Chosen still remains as integral part of the Kingdom, and that all rights of jurisdiction over persons and property within such areas remain vested in the Authorities of Chosen, except in so far as such rights have been expressly relinquished by this Treaty.
British subjects are not permitted either to transport foreign imports to the interior, or to proceed thitherto purchase native produce; nor are they permitted to transport native produce from one open port to another open port. Violations of this rule will subject such merchandise to confiscation, and the merchant offending will be handed over to the Consular Authorities to be dealt with.

ARTICLE VII – The British Government and the Government of Chosen mutually agree and undertake that subjects of Chosen shall not be permitted to import opium into any British port, and British subjects shall not be permitted to import opium into any of the open ports of Chosen, to transport it from one open port to another open port, or to traffic it in Chosen.
This absolute prohibition, which extend to vessels owned by subjects of either power, to foreign vessels employed by them, and to vessels owned by the subjects of either power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of the British Government and of Chosen, and offenders against it shall be severely punished.

ARTICLE VIII – Whenever the Government of Chosen shall have reason to apprehend a scarcity of food within the limits of the kingdom, His Majesty may, by decree, temporarily prohibit the export of all breadstuffs, and such decree shall be binding on all British subjects in Chosen, upon due notice having been given thus by the Authorities of Chosen, through the proper officers of the British Government; but it is to be understood that the exportation of rice and breadstuffs of every description is prohibited from the open port of Jin Chuen.
Chosen having of old prohibited the exportation of red ginseng, if British subjects clandestinely purchase it for export, it shall be confiscated and the offenders punished.

ARTICLE IX – The purchase of cannon, small arrows, swords, gunpowder, shot and all munitions of war, is permitted only to officials of the Government of Chosen, and they may be imported by British subjects only under a written permit from the Authorities of Chosen.
If these articles are clandestinely imported, they shall be confiscated and the offending parties shall be punished.

ARTICLE X – The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of lawful work.
Should, however, subjects of Chosen, guilty of violation of the laws of the kingdom, or against whom any action has been brought, conceal themselves in the residences or warehouses of British subjects or on board British merchant vessels, the Consular Authorities of the British Government, on being notified of the fact by the local authorities, will either permit the latter to despatch constables to make the arrests or the persons will be arrested by the Consular Authorities and handed over to the local constables. British officials or subjects shall not harbour such persons.

ARTICLE. XI – Students of either nationality who may proceed to the country of the other in order to study the language, literature, laws or arts, shall be given all possible protection and assistance in evidence of cordial good will.

ARTICLE XII – This being the First Treaty negotiated by Chosen, and hence being general and incomplete in its provisions, shall in the first instance, be put into operation in all things stipulated herein.
As to stipulations not contained herein, after an interval of five years when the officers and people of the two Powers shall have become more familiar with each others language, a further negotiation of commercial provisions and regulations in detail, in conformity with international law and without unequal discriminations on either part, shall be had.

ARTICLE XIII – This Treaty and future official correspondence shall be made on the part of Chosen in the Chinese language. The British Government shall either use the Chinese language or, if English be used, it shall be accompanied with a Chinese version in order to avoid misunderstanding.

ARTICLE – XIV The High Contracting Powers hereby agree that, should at any time the King of Chosen grant to any nation, or to the merchants or citizens of any nation any right, privilege, or favour, connected either with the navigation, commerce, political, or other intercourse which is not conferred by this Treaty, such right, privilege, and favour, shall freely inure to the benefit of the Kingdom of Great Britain and Ireland, its public officers, merchants, and citizens; provided always that whenever such right, privilege, or favour, is accompanied by any condition or equivalent concession granted by the other nation interested, the British Government, its officers, and people, shall only be entitled to the benefit of such right, privilege, or favour, upon complying with the conditions or concessions connected therewith.
In faith whereof the respective representatives have signed and sealed the foregoing at Jin Chuen in English and Chinese, being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Jin Chuen within one year from the date of its execution, and immediately thereafter this Treaty shall be in all its provisions publicly proclaimed, and made known by both Governments in their respective countries, in order that it may be obeyed by their subjects respectively.
Dated this sixth day of June, one thousand eight hundred and eighty two.

(Signed) GEORGE O. WILLES (I.S)
Vice-Admiral, Commander-in-Chief

Signatures of [ ] Plenipotentiaries

색인어
이름
趙寗夏, 金宏集, 韋力士
지명
仁川
오류접수

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1차 조영수호통상조약 자료번호 : gk.d_0007_2210