交隣에서 外交로 : 統理交涉通商事務衙門 外交의 국제법적 권능과 한계

Prior to its opening, Joseon maintained Sadae‐Gyorin(事大交隣). After the opening, it was faced with the problem of “diplomacy(外交)” as it entered the Western international law order. Joseon, a subordinate state of Qing, originally did not have any "diplomacy". However, at the time it was subject to diplomacy under the order of international law. Joseon was Qing's Dependent state(屬國) or Beonsok(藩屬), so there was no ministry in charge of diplomacy. Yejo(禮曹) functioned only under the Sadae‐Gyorin order. Joseon eventually set up temporary organization to handle diplomacy, just as Qing did. That is the Tongli-Amun(統理機務衙門). Later, passing through the Military rebellion of 1882, it was expanded and reorganized into the Foreign Office(統理交涉通商事務衙門), called Weamun(外衙門). The Foreign Office was capable of exercising the Right of Legation and the Right of Negotiation and Treaties according to its own regulations. This meant that it had the diplomatic rights of the sovereign state as defined by the “Elements of International Law", which was then used in the East Asian world. Even if Joseon exercised international legal diplomacy, its power was constrained by the suzerain state. At this time, Qing regarded Joseon as Qing's Dependent State or Semi‐Sovereign State and wanted to exercise general control over the Right of Legation and Right of Negotiation and Treaties. These restrictions were also laid down in the “Elements of International Law", so Joseon's full exercise of diplomatic rights had to be suspended for the time being.