# Japan–Korea Treaty of 1905

The Japan–Korea Treaty of 1905, also known as the Eulsa Unwilling Treaty or Eulsa Treaty, was made between delegates of the Japanese Empire and the Korean Empire in 1905. Negotiations were concluded on November 17, 1905. The treaty deprived Korea of its diplomatic sovereignty and made Korea a protectorate of Imperial Japan. It resulted from Imperial Japan's victory in the Russo-Japanese War in 1905.

## Background

Beginning from the Japan–Korea Treaty of 1876, a series of treaties were signed between Korea and Japan throughout the following decades. During the signing of the 1876 Treaty, Joseon Korea actively participated in the negotiation process, with the initial Japanese proposal of a most-favored nation clause ultimately omitted due to Korean demands. However, Japanese demands for compensation after the 1882 Imo Incident led to the signing of the 1883 Treaty of Tax Regulations for the Japanese Trade and the Maritime Customs [ko], which deprived Korea of its tariff autonomy over trade with Japan and gave Japanese nationals most-favored nation priviledges. The Japanese victory over the Qing in the First Sino-Japanese War led to the complete withdrawal of Chinese forces in Korea, further consolidating Japanese influence over the peninsula.
Following the outbreak of the Russo-Japanese War, Imperial Japanese forces were dispatched to occupy Seoul. Under Japanese military presence, the Korean government was forced to ratify the Japan–Korea Protocol on February 23, 1904. The protocol stipulated that Japan may occupy and use strategically important locations in Korea to achieve military objectives. In August of the same year, the First Japan–Korea Agreement was signed, which required that the Korean government accept financial and diplomatic advisors dispatched by Imperial Japan. The agreement was utilized by Japan to bolster its exclusive dominance over Korea during the signing of the Taft–Katsura Agreement and the Second Anglo-Japanese Alliance.

## Signing of the treaty

With its victory over Russia and the subsequent withdrawal of Russian influence from Korea, Japan sought to deprive the Korean Empire completely of its diplomatic rights and render it a protectorate. In a 27 October 1905 cabinet meeting, the Japanese government agreed on eight provisions regarding the signing of a second treaty to acquire absolute authority over Korea's foreign affairs. Specifics of the treaty were drafted on a separate document, which was transmitted to Seoul the following day.
On 2 November 1905, President of the Privy Council Itō Hirobumi was dispatched to Korea as envoy extraordinary and minister plenipotentiary to lead negotiations. Itō arrived in Seoul on 9 November 1905. Accompanied by Deputy Ambassador to the Kingdom of Korea Hayashi Gonsuke, Itō delivered a letter from the Emperor of Japan to Gojong, Emperor of Korea, attempting to arrange a meeting with him. However, Gojong initially refused, citing his illness. Gojong acquiesced to Itō's demands on 15 November, however, when he ordered Japanese troops to encircle the Korean imperial palace. Throughout their meeting, Gojong and Itō argued for over three hours, with Gojong questioning whether the signing of the agreement would render Korea's status into that of the colonized nations of Africa. When Itō requested that Gojong order his foreign minister to commence negotiations, he refused, arguing that such matters were subject to the approval of the Korean Privy Council (jungchuwon) via government procedure.
Negotiations between the Korean cabinet and the Japanese delegates began on the 16th. Seven members of the State Council (Uijeongbu)—Prime Minister Han Kyu-seol, Minister of the Army Yi Geun-taek, Minister of the Interior Yi Ji-yong [ko], Minister of Agriculture, Commerce, and Industry Gwon Jung-hyeon, Minister of Finance Min Yeong-gi [ko], Minister of Education Yi Wan-yong, and Minister of Justice Yi Ha-yeong [ko]—along with former Prime Minister Shim Sang-hoon [ko], were summoned by Itō to his residence, where sessions were held. Deputy Ambassador Hayashi arranged separate negotiations with Minister of Foreign Affairs Pak Chesun in the Japanese legation, where he proposed a rough negotiations agenda. In a separate meeting, however, Gojong and the Korean ministers decided that the agenda would not be submitted to a State Council meeting.
On the morning of 17 November, Hayashi once again summoned the Korean ministers to the Japanese legation, where they again refused to sign any agreement in terms of government procedure. Hayashi then proceeded to Jungmyeongjeon hall in Gyeongungung palace with the ministers, where an Imperial Conference (어전회의; 御前會議) was held. When the conference once again refused to sign the treaty, Hayashi sent a messenger to Itō around 6 in the evening, who was then waiting with Field Marshal Hasegawa Yoshimichi in Daegwanjeong, the headquarters of the Japanese army stationed in Korea. Two hours later, Itō and Hasegawa arrived, now accompanied with Japanese military police, at Jungmyeongjeon Hall. Itō resumed negotiations and confronted each of the ministers individually, asking their opinion on the agreement. He further pressured the cabinet with the implied, and later stated, threat of bodily harm, to sign the treaty. Han Kyu-seol and Min Yeong-gi expressed explicit objection to the signing of the treaty, while Yi Ha-yeong and Gwon Jung-hyeon expressed a weak opposition. However, the rest of the cabinet reluctantly agreed to the treaty under conditions that minor revisions are made, with Gwon later reversing his stance.
According to 한계옥 (Han-Gyeok), Korean prime minister Han Gyu-seol disagreed, shouting loudly. Ito ordered the guards to lock him in a room and said if he continued screaming, they could kill him. The Korean cabinet signed an agreement that had been prepared by Ito in the Jungmyeongjeon. The Agreement gave Imperial Japan complete responsibility for Korea's foreign affairs, and placed all trade through Korean ports under Imperial Japanese supervision.

### Treaty provisions

This treaty deprived Korea of its diplomatic sovereignty, in effect making Korea a protectorate of Imperial Japan. As a consequence, the Korean Empire had to close its diplomatic representations abroad, including its short-lived legation in Beijing, and its legation in Washington, D.C.
The provisions of the treaty took effect on November 17, 1905, and it laid the foundation for the Japan–Korea Treaty of 1907, and subsequent annexation of Korea in 1910.
The treaty was deemed to have gone into effect after it received the signature of five Korean ministers:
* Minister of Education Lee Wan-yong (이완용; 李完用)
* Minister of Army Yi Geun-taek (이근택; 李根澤)
* Minister of Interior Yi Ji-yong (이지용; 李址鎔)
* Minister of Foreign Affairs Park Je-sun (박제순; 朴齊純)
* Minister of Agriculture, Commerce and Industry Gwon Jung-hyeon (권중현; 權重顯)
These five were later named the "Five Eulsa Traitors".
Emperor Gojong of Korea did not assent or sign the treaty. Other officials who disputed the treaty included:
* Prime Minister Han Kyu-seol (한규설; 韓圭卨)
* Minister of Finance Min Yeong-gi (민영기; 閔泳綺)
* Minister of Justice Yi Ha-yeong (이하영; 李夏榮

### Controversy

Emperor Gojong sent personal letters to major heads of state to appeal for their support against the illegal signing. As of February 21, 1908, he had sent 17 letters bearing his imperial seal, to the following eight heads of state:
* King Edward VII of the United Kingdom
* President Armand Fallières of France
* Emperor Nicholas II of Russia
* Emperor Franz Joseph of Austria-Hungary
* King Victor Emmanuel III of Italy
* King Leopold II of Belgium
* Emperor Kuang-hsu (Guangxu) of China
* Emperor Wilhelm II of Germany, which was personally handwritten by Gojong
In 1907, Emperor Gojong sent three secret emissaries to the second international Hague Peace Convention to protest the unfairness of the Eulsa Treaty. But the great powers of the world refused to allow Korea to take part in the conference.
Not only the Emperor but other Koreans protested against the Treaty. Jo Byeong-se and Min Yeong-hwan, who were high officials and led resistance against Eulsa treaty, killed themselves as resistance. Local yangbans and commoners joined righteous armies. They were called "Eulsa Euibyeong" (을사의병, 乙巳義兵) meaning "Righteous army against Eulsa Treaty".
After completing the treaty, Emperor Gojong tried to let the world know the unfairness of the treaty, including sending a special envoy to The Hague. This directly contributed to the forced retirement of King Gojong.

## Rescission
### Gojong's declaration of rescission

Thereafter, Gojong tried to inform the international community of the injustice of the 2nd Korea-Japan Agreement, but according to the logic of the international situation at the time, Gojong's secrets were not effective. Gojong's declaration of Rescission in the Eulsa Treaty had the following, but it was not recognized internationally:
* A national document written on January 29, 1906,
* Personal letter handed to Special Commissioner Hulbert on June 22, 1906,
* A letter sent to the President of France on June 22, 1906,
* Gojong's power of attorney given to the Hague Special Envoy Lee Sang-seol on April 20, 1907, etc.
This treaty, later, was confirmed to be "already null and void" by the Treaty on Basic Relations between Japan and the Republic of Korea concluded in 1965.
In a joint statement on June 23, 2005, officials of South Korea and North Korea reiterated their stance that the Eulsa treaty is null and void on a claim of coercion by the Japanese.
As of 2010, South Korea was seizing property and other assets from the descendants of people who have been identified as pro-Japanese collaborators (Chinilpa) at the time of the treaty.

## Aftermath

After the treaty, Japanese influence on Korea dramatically increased. All of the diplomatic mission of Korea was disestablished. All of the foreign relation of Korea was administered by a Japanese Resident-General. Itō Hirobumi was appointed as the first Resident-General.