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학술논문중앙법학2013.09 발행KCI 피인용 4

「통문관지(通文館志)」에 나타난 조선과 청간의 대외관계(1636-1888) : 근대 국제법적 시각에서

The External Relations between Chosun and Qing Expressed in 「Tongmungwanji」(1636-1888) : From the Perspective of Modern International Law

이성덕(중앙대학교)

15권 3호, 263~308쪽

초록

Tongmungwanji(通文館志) is a book which records the external relations of Chosun Dynasty from 1636 to 1888. Most of records in the book are the relations between Chosun and Qing. It is the aim of this paper to explore how the relations between two States had been regulated by way of descriptions in the book. The Chosun-Qing relation is characterized as the tributary system which is unique in the Sino-Centric World. The tributary system which had been continued till 1894 is reviewed. In the tributary system, the rational of which is ethical, the status of two States had been unequal. But after 1876 when Chosun concluded a treaty with Japan, the tributary system underwent change. Finally, the tributary system collapsed in 1894 when Qing was defeated in the Sino-Japan War. And Chosun-Qing also maintained quasi-tributary relations such as frontier negotiations, border trespassing, trade, repatriation of people distressed in the sea etc.. Although the quasi-tributary system is different from the tributary system, in a sense that the quasi-tributary relations may be maintained in every corner of the world, the quasi-tributary relations also had been settled in the same way as the tributary relations. The unique tributary system is very different from the way of foreign relations which has been accepted in the Western States. In the Western States, the foreign relation has been maintained based on the principles of international law which supports the sovereign equality. But, the tributary system does not accept the equality between Chinese dynasties and other neighbouring countries. The neighbouring countries including Chosun had been considered as subordinate countries of Chinese dynasties. In the original tributary system, the status of subordinate countries is different from the status of vassal State the concept of which is that of modern international law.

Abstract

Tongmungwanji(通文館志) is a book which records the external relations of Chosun Dynasty from 1636 to 1888. Most of records in the book are the relations between Chosun and Qing. It is the aim of this paper to explore how the relations between two States had been regulated by way of descriptions in the book. The Chosun-Qing relation is characterized as the tributary system which is unique in the Sino-Centric World. The tributary system which had been continued till 1894 is reviewed. In the tributary system, the rational of which is ethical, the status of two States had been unequal. But after 1876 when Chosun concluded a treaty with Japan, the tributary system underwent change. Finally, the tributary system collapsed in 1894 when Qing was defeated in the Sino-Japan War. And Chosun-Qing also maintained quasi-tributary relations such as frontier negotiations, border trespassing, trade, repatriation of people distressed in the sea etc.. Although the quasi-tributary system is different from the tributary system, in a sense that the quasi-tributary relations may be maintained in every corner of the world, the quasi-tributary relations also had been settled in the same way as the tributary relations. The unique tributary system is very different from the way of foreign relations which has been accepted in the Western States. In the Western States, the foreign relation has been maintained based on the principles of international law which supports the sovereign equality. But, the tributary system does not accept the equality between Chinese dynasties and other neighbouring countries. The neighbouring countries including Chosun had been considered as subordinate countries of Chinese dynasties. In the original tributary system, the status of subordinate countries is different from the status of vassal State the concept of which is that of modern international law.

발행기관:
중앙법학회
DOI:
http://dx.doi.org/10.21759/caulaw.2013.15.3.263
분류:
법학

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「통문관지(通文館志)」에 나타난 조선과 청간의 대외관계(1636-1888) : 근대 국제법적 시각에서 | 중앙법학 2013 | AskLaw | 애스크로 AI