한말 외국인 대상 민사재판의 구조와 실태: 한성(부)재판소의 민사판결을 중심으로

This article aims at revealing the structure and actual operation of foreigner-related civil trial in the period of the Great Imperial Korea. It focuses on judgements of Hanseong Court and, if necessary, Godeung Court(or Peongriwon) as its higher court. The facts here revealed are as follows. 1. There was a case in which, even though a foreigner was in the position of the defendant, Korean court exercised jurisdiction over him. It was possible, perhaps because he was a co-defendant with a Korean. Even if so, it was a exception to the principle of defendant-ism upon the consular jurisdiction in that period, which meant that the country should have jurisdiction when its nationals were defendants in a case between different nationals. 2. There was also found a case in which Korean government exercised jurisdiction over a foreigner in the position of the defendant whose country was out of treaty relation with Korea. It has been known so far that even nationals of the country in non-treaty relation were protected by the consular jurisdiction of the third party nation. The case was related with a Chinese, taking place in June of 1896 after the treaty between China and Korea had expired, and before the new treaty was concluded. At least until then, chinese people in Korea were not protected by English consular jurisdiction. It means that when the chinese started to be protected by English consular jurisdiction should be corrected. 3. Political and diplomatic considerations had much influences upon foreigner- related trials. It was reflected in the numbers of cases, the rate of foreigners’ winning a case, etc.