Some Aspects of Reform in Korea Author(s): Geo. Heber Jones Source: The Journal of Race Development, Vol. 1, No.

1 (Jul., 1910), pp. 18-35 Published by: Stable URL: http://www.jstor.org/stable/29737845 . Accessed: 04/10/2013 02:05
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SOME ASPECTS OF REFORM IN KOREA

By Dr. Geo. Heber Jones, Seoul, Korea upon the

An Address delivered at Clark University during the Conference Far East

The

program

of

reform

general residency one. It has not confined force

in Korea

the Japanese inaugurated by has necessarily been an extended of a police itself to the organization for

of half as many more and gendarmery of 3,000 men and the maintainence the purposes of property of the protection

of peace and order; or the substituting of a division or two of Japanese troops in the peninsula for the purposes of national defence in the place of the former Korean army; but
reform being has gone into on a commerce scale where we see organized the cooperation and with life, both under native enterprise the and Europe, with of foreign capital from Japan, America hitherto unknown trade today in Korean

result that Korean

market and Korean

rice is finding

its way

to the London
mats

and men's brassware, are to America. of finance In the world hats being exported we have a reliable national on Korean the amounting budget, side to yen 20,000,000, while the residency-general budget decorated

calls for 10,000,000 yen additional, making a total proposed

30,000,000. funds last year amount? handled government treasury which a on a gold basis, reformed currency ing to yen 35,000,000; the almost with of the light and disappearance complete a sys? the old and nickel copper cash; coinage deceptive to lend ten in number, of government banks, organized to financial aid the people in the cultivation, drainage, irriga? and im tion and improvement of the soil, the construction tem expenditure year of yen in Korea by We the government have a newly for the coming fiscal national organized

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REFORM

IN KOREA

19

provement of roads, the planting, cultivation and extension of forestry undertakings, the purchase of seeds and seedlings,
and industrial agricultural tools, boats, vehicles implements and live-stock, the construction of buildings and manufac? or industry?in tories for the pursuit of agriculture fact, for

the aid of most private undertakings which contribute to the community wealth. These banks during the first half of 1909 declared dividends ranging from 10 to 15 per cent.
Reform has meant the entrance of the government itself

upon important and far-reaching undertakings, including the establishment of a great printing bureau, a finely equipped
national hospital, and industrial forestry agricultural school, with a brick of the country; manufactury, ture of yen salt kilns, 10,000,000. yen 30,000,000 the a model farm and school, in several stations parts

art cement fine factory, works, and the improvement and construc?

tion of public highways,

involving, so far, an initial expendi?

In to the way of railroads more yen rail? and

60,000,000 has been expended, while the Japanese Diet has

appropriated roads?the the Ho-Nam construct three Seoul-Gensan, lines. Pyeng-yang-Chinnampo

The rich mining resources of Korea have been put out to development and the government has granted 184 mining
concessions silver, mines to June, a census result lead, to private copper, enterprise, iron, mica, including coal, graphite mines of gold, and mercury.

Over 5,000,000 yen worth of gold was taken from Korean

last year; 1909, tons 329,000 and 12,000,000 of coal mined pounds during of graphite January secured.

The program of reform has included a survey of the land and

of the people and the nation's with the resources, that we are to-day in possession of accurate and detailed information of the country no one had any of which formerly In statistics this connection on cultivated it is interesting and uncultivated to note land the authori? land in this the in

knowledge. following
Korea.

to the latest investigation made According by area the total of cultivated and uncultivated ties, is as follows: country

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20

GEO. HEBER
Cultivated

JONES
Uncultivated Total

Provinces. South Hamkyong. North Pyongan. Kangwon. North Kyonsang. North Hamkyong. SouthPyongan. Whanghai.

Square Ri. 110 72 47 165 968 113 148

Square 1,707 1,608 1,621 1,058 1,066 971 932

Ri.

South Chonla.

196
131 97 651 748

883 687
788 657

Square Ri. 1,817 1,680 1,668 1,233 1,134 1,084 1,080

South Kyongsang. Kyongki.....

North Chonla. South Choongchong.

North Choongchong..

128 117
61

607 479 550 433

508 436

Total.
The square ri is a little

1,453
less than

12,327
six square miles.

13,780 statement
government in detail. with a

It will therefore be seen from this partial

the our area covered to by the measures the of the of reform new

of

how impossible it would be within

disposal consider

the limits of the space at

reform

progress

The present paper will

r?sum? of the genesis

therefore confine itself to a short

situation,

of the present

scanning of the principle which seems to lie at the basis of reform in Korea, the working out of this principle in the
present government, and the new arrangements which have

come into force during 1909.

I. The Genesis of the Present Reform Situation

in Korea National been a living reform issue is not a new in Korea. subject ever of the nation It has since the

in the history

negotiating of the first foreign treaties, in 1876 (Japan), and in 1883 (America). Indeed it might not be difficult to find
in the of the coming of a new order in Korea the first promise the Taiwon of the ex-prince from power retirement regent, of all change. in 1873, for he was a confirmed antagonist Kun, of that a real beginning it is certain But be that as it may, reform bility came with on the part of internatioanl the assumption responsi? with foreign powers, treaties her of Korea by

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REFORM

IN KOREA

21

for that new relationship imposed upon her certain funda? mental modifications of her policies and changes in her govern?
mental structure. Thus this period of attempted reform

in Korea extends through thirty-three years and may be divided into six periods. 1. The First Korean Period, 1876 to 1884. During these
the Koreans years reform was under were native practically leadership. their The own masters king and and queen

were favorable to suchmeasures, but the nobility were divided into two principal factions, one faction led by the Mins, the family of the Queen being conservatively favorable; the other faction, under the leadership of Mr. Kim Ok-kium and a few young men of kindred spirit being radical in pur? pose and determined to hasten matters. This radical party attempted by a coup d'?tat in December, 1884, to secure
supreme dominant in Korea control, but were unsuccessful. The conservative

party drove the radicals into exile and placed China

position consisted in Korean affairs.

in a

2. The Chinese Period,

1884~1894.

The Chinese policy

a restraining in exercising on influence a as rather than factor for it. Li reform, acting making took an active in peninsular interest affairs. Hung Chang

Yuan Shih-kai was Li Hung Chang's representative

On Yuan's now staff were a number of young men who In them

in Seoul.
had been

educated in America,
days doubtless both course results some ment pices, agement a prominent these young kept

chief among them being Tang Shao-yi

in Chinese with in order who thus affairs. a western to prevent tried those education early were

factor Chinese

in Korea,

from pre? hands

cipitating reform in China.

Yuan and Tang,

It is thus interesting to note that

their apprentice

at political affairs inKorea, have so powerfully influenced the

the years. Among a few treaty ports opened, new set up, institutions the establish? government of a few new modern under government aus? schools, as an the man? of the apparently experiment, passing of this Chinese during period were of the Korean maritime to the control of the customs of China and the entrance into missionaries. this period Ameri During service customs of events in China recent

imperial Korea of Christian

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22

GEO. HEBER

JONES

can influence began to make itself felt inKorea, but was not cordially welcomed by the Chinese there. Complications
in Korea of Chinese led to the China-Japan in Korea. control war, and the termination

3. The First Japanese Period, 1894-1896. The success of the Japanese arms in China and the terms of the Shimo
noseki in Korea, gave Japan a controlling treaty position and a policy of reform, conducted but under the by Koreans, the Japanese advice and direction of Count Minister Inouye, ever, and This policy was defeated, how? inaugurated. came itself and in the peninsula toan end by conditions was

Resident

February

11, 1896, when

the emperor fled from his palace

legation During in Seoul. the residence

an asylum in the Russian sought 4. The Russian 1896-1897. Period,

of His Majesty
became naturally

the Emperor
the directing

in the Russian
influence

legation, Russia
in administrative

affairs. Much might be said of what was attempted during this period, but it all may be summed up in the statement
of a radical character nothing in the Russian remained emperor that year, when he removed to a new was accomplished. for about legation which he had The one con?

palace

structed within the legation quarter in Seoul. 5. The Second Korean Period, 1897-1905. From the time
the Korean was with to his new palace, His Majesty removed emperor in personal control of his government, though leaning to new Russian influence. partiality Many things were and some new men

came into the Koreans among but lack of potential and competent prominence, leadership led to much and factional in general intrigue strife, resulting The end came with the establishment disorder. of the Japan? ese protectorate, as the responsible introducing Japan guide attempted in Korea. power 6. The Period Protectorate. This brings of the Japanese to the present some review down with features period, which we now propose to deal. It will thus be seen that and our of the

of national reform is no new one in Korea, but has question been attempted under different auspices, usually by means of foreign had but succeeded in guidance, accomplishing little of a permanent character. It would be interesting

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REFORM

IN KOREA

23

to inquire into the causes for the failure of these attempts in the past. The Koreans are a people of the most tractable and docile character and readily respond to all efforts hon? estly put forth for their betterment; why, then, should the many admirable plans and suggestions put forth have been
productive of such disappointment, those concerned? ration of and brought only permanent even and in many to instances tragedy reasons four many may others, Among small returns

be set forth in explanation:

the people at

(1) There was a lack of prepa?

large for the measures proposed.

(2) The lack of competent and adequate native leadership, the prevalence of historic family feuds and antagonisms, which
created utterly tion jealousies destructive either and souls and of the suspicions the unity ruling the ruling classes, among and cooperation necessary

for success.
among

(3) Lack

of any deep and abiding

class or the common

convic?
people The better? purpose,

that the old conditions and institutions were inferior, and that
reformed few ment noble conditions improved that really sought with pure and hearts often were the desirable. and fervent reform and

of their nation, ill-concealed

for there were such, had to work against the dead indiffer?
ence, ridicule, openly manifested

antagonism of the nation at large. (4) The selfishness and lack of patriotism of the ruling classes, who saw in all adequate measures for the reform of the political conditions
of their nation in and the destruction assumed of the age-long position and despotic

power which they enjoyed.

stepped affairs.

It was at this point that Japan

in peninsular

a controlling

The

facts leading to the establishment

of the Japanese

in Korea in November, protectorate 1905, by which the para? mount of in was defined the and position Japan peninsula received the recognition of the treaty powers, are well known. thus became the legalized custodian of the power to Japan reform the Korean administration and entered upon the task without His Excellency Prince delay. Ito, the leading states? man of Japan at the time, was entrusted with the work of reform. He to the task personal and a brought ability varied and ripened of the very order. experience highest

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24

GEO. HEBER

JONES

From his fertile brain were evolved the plans which in less than four years, amidst oppositions and antagonisms which
would arrested age-long have the daunted process in their standing, a less courageous and resourceful corrected of national decay, drove corruption man, abuses and

to cover,

Korea. He succeeded in introducing inaugurated a new day for into the Korean administration the principles of modern and enlightened government thus laying the foundation for per? manent reform. Believing that thework of foundation laying was finished, and that he could commit to other hands the work of erecting the superstructure of good government in Korea, he returned to Japan to occupy the post of president
of the emperor's privy council, and to serve as president of

the board of instruction for the crown prince of Korea now pursuing his studies in Japan. In the work which he did inKorea, Prince Ito called to his assistance the finest governmental talent that Japan could offer. It is impossible to mention by name the younger men who in all departments of government have been introducing
new forces and new ideals into the Korean administration,

but their work will

speak for itself to any unprejudiced

some of them not that it has been free from mistakes, observer, a steady been there has In the meantime a of serious character.

growth of in terest in Japan in the success of the reformmeasures of the protectorate government. The nation feels that the honor of Japan is pledged to all the world to see that stable and worthy government is set up in Korea; they have rallied to the work as only a nation with the solidarity of
a task. has become The reform of Korea Japan could to such the under Prince of Japan. the enthusiasm Ito, with Begun a small group the Ko? of reformers of among cooperation under continued is being reans, the policy Sone. Viscount new resident general, II. The In considering very Basal the Principle his successor, the

of Reform reform China it should and

question

of Korean with

be borne in mind
necessarily

that the extent of work to be done was

In common Japan,

great.

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REFORM

IN KOREA

25 an elaborate models with

Korea mental cius was

has possessed based system and the Chinese

from ancient on the sages,

times

time-honored saturated

govern? of Confu? the that spirit it was

and animated by the ideals of primitive

so closely organized and articulated

life. This system

together

a practical impossibility to alter one part without changing the whole political economy. Japan found it so in her efforts at reform at home, and sowill China. This will appear evident from the fact that the very principle underlying modern and
efficient rested. government, It is essential namely, some form of constitutionalism,

is incompatible with the basis on which the Korean

to the modern forms

system

of government

that official prerogative should be defined and official duties clearly expressed, but in those old forms, modeled on the ancient family organization, the idea of delimiting official prerogative and defining official duties is as repugnant as would be the proposition toan ordinary American to limit and define by a written contract the duties and powers of a father in his own family. Now one of the basal principles of reform inKorea, the line along which it has been seeking to project
itself ever since reform was taken up seriously in Korea has

been that of defining official prerogative and prescribing official duty in the interest of efficient government and the welfare of the people. This is the line along which the reforms
now in operation have been projected, and the standard to

which they must submit for judgment. It will be seen that a principle like this, once it is admitted, would have to be
to every department of government, from applied itself to the outermost of the administrative perimeter in Korea. to much been In fact more the actual mere reconstruction course reform. of events There has has the court sphere. amounted

This will indicate how vast has been the problem of reform
necessarily fabric. political to trace the course of a work so expected vast as the above through all its details, a glance but perhaps at what has been done in the application of the above prin? to court the and will suffice to indicate ciple government a complete I shall not be of Korea's the work pointing done. out And may I not say here that in the necessary of the defects of the old system no condemna than

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26

GEO. HEBER

JONES

tion of the Korean people as a nation is implied, for the Ko? reans themselves have recognized the faults indicated and their stauchest friends have never hesitated to point them out. I yield to none in my regard and friendship for the
Korean them has of residence among years Many people. me to that admirable proven they possess many conclusively as any nation. traits and are capable of as great development III. Reforms in the Court and Government

The first application of this principle of defining official prerogative and prescribing official duty in the interest of
efficient court imperial custodian government from those was of and the the for the welfare state. Under of the of Korea. even the people old system It was was

made in a clear differentiation of the functions of the imperial

the not house government

only the fountain of all honor and dignity, but the actual
of all power and responsibility emperor, on modern never central sharing lines to the minutest and

matters.
personal ministerial that cials, this and

Every
deputy

official appointed
of the

regarded himself as the

in his there by power is no

expressing his will.

government old idea was against the

With

the organization of cabinet and

doubt offi? of re? surrendered government the Korean

by a cabinet

sponsible ministers stood the imperial household department, still clothed by popular imagination with the vast and awesome powers of the old r?gime. The imperial household depart?
ment was not at all backward to assume the exercise of these in Korea of the

old powers when

it wished
by

to do so, with the result that

administration constant invasion the

to set up an attempts were rendered nugatory

effective

spheres
household fined

of departmental
officials.

responsibility

by

the

imperial

If the household

the days which during func? to Korea in 1894 to the dignified Inouye went entrusted and the tions of national general freely sovereignty of affairs ministers to the responsible of His administration have different the Korea been of would very history Majesty, the con it proved in the outcome; but through from what itself Count

had con? department since have intervened

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REFORM

IN KOREA

27

fusing of the functions of court with those of the state, and

rather than a responsible of a personal govern? sort resulted, confusion of the worst attended ment, by official and widespread disorder the people. The among corruption the insistence invasion of the different provinces of administration devel?

oped the household department into a huge governmental executive with multiplied bureaus and an official staff more in number than all the other departments of state combined. These officials, free from all restraint of their power except the personal displeasure of his Majesty, which they always
sooner or privileges of tions later incurred, their large powers and perverted for private sales of confisca? bribes and office, ends; were occurrence. of common private property and its evil character, Mr. Homer

of this condition Speaking B. Hulbert says:

Public offices were bought and sold like any other goods. There was a regular schedule of the price of offices, ranging from fifty thousand dollars for a provincial to five hundred governorship dollars for a small magistrate's The handsome returns position. which this brought in to the venal officials at Seoul fed their cupidity and in order to increase their felonious profits the tenure of office was shortened so as to make the payment of their enormous fees more frequent. Of course this was a direct tax upon the people, or prefect was obliged to tax people heavily for each governor in order to cover the price of office and to feather his own nest during his short tenure of that office. The central government would not interfere with the fleecing policy of a prefect so long as he paid into the treasury the regular amount of taxation together with any other special taxes that the government may lay upon the In return for this non-interference in the prefect's little people. that if the prefect goes game, the government only demanded and they rise up and beyond the limit of the people's endurance, kill him or drive him from the place, neither he nor his family will trouble the government to reinstate him or obtain redress of any It has come about, therefore, kind. that the ability of a prefect is measured the patience of the by the skill he shows in gauging people and keeping the finger on the public pulse, like the inquisi? tors, in order to judge when the torture has reached a point where the endurance of the victim is exhausted. should the central Why interfere in the man's behalf? The sooner he is driven government from his place the sooner someone else will be found to pay for the office again. The version result was an impairment prerogative of imperial through a per? prestige, the betrayal of

of the

imperial

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28

GEO. HEBER

JONES

the imperial confidence, and a derogation of the imperial dignity.

To-day household affairs have this confusion of function has been has been from rectified. The department to confine itself to those measures and compelled which the dignity, comfort and safety of the sover? to do with in executive and and to abstain from any participation government. restrained to the from To achieve this, the five things retired administrative

eign, administrative hold has

have been done:

been on matters ous bureaus

(1) The minister

of the imperial house?

except (2) The numer? been reduced from two-thirds. throne

relating of the old organization thousand, have

addressing house. imperial have

24 to 13.
bering

(3) The immense staff of household officials, num?

been reduced by

several

(4) The properties of the state and the imperial house hav? ing become confused during the past period of disorganiza?
tion, a commission has been property of all such of investigation examine to appointed define respective on and state imperial into the condition and settle

property,

ownership

all questions of mutual adjustment. (5) The succession to the throne has by imperial decree been invested in the
younger prince, brother now of the 14 years and emperor, present is in Japan pursuing old, this his young studies

under the direction of a board of instruction of which His Excellency Prince Ito was the first head.
Turning grown up now under to the efforts the with ancient of a little to reform the government The council of itself, central state

it is not possible to enter fully upon the conditions which had

government consisted organization. deliberative more than

(the Wi-jung-pu), the while throughout counties and governors trate judge ment exercised of the

powers, advisory were magistrates over the country over the provinces. Each magis? of prefect and mayor, the combinedfunctions and of the govern? and local military we has been done find that of the at Seoul of depart? from 751 to treasurer

law court, collector and commander revenues,

what forces. In estimating police in the central the number of officials government a was reduced of process amalgamation through ments and a redistribution of official function

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REFORM

IN KOREA

29

571. It will be seen from this that there was a gain on the fiscal side at least. In place of the council of state, a cabinet
was instituted consisting of a prime minister and ministers agri? and of home culture, affairs, finance, commerce and of these first At and war, education, justice, The works. functions public

of state were departments clearly the entire personnel of the govern? ment was Korean, the staff of the Japanese acting residency an in In accordance the Japan-Ko? with advisory capacity. responsibilities differentiated.

rea agreement
for posts under

of July 24, 1907, Japanese became

the Korean government, and Japanese

eligible
were

appointed to the posts of vice ministers in the various depart? ments of state. Their duty is to assist the minister of state,
take of all business charge of departmental affairs, and supervise the department. was Further for also made provision as heads the employment of Japanese of bureaus and secre? taries in all the various so that

and in the provinces, departments a of staff to-day large experts governmental Japanese are serving in the Korean in responsible government posts. was appointed, Three years ago a commission of consisting Koreans and Japanese, under Prince to investi? Ito, acting

gate the condition of provincial and local administration and suggest remedies for the evils discovered. That there
was need of some immediate and radical measure is indicated

by a report made public by the ministry of finance on Korea a few days ago, that investigation has revealed the fact that
the amount of public funds mis? 1895-1907, and officials was yen 3,000,000, appropriated by provincial now consternation of a the old because reigns among officiary demand from the government that these funds be made good or else the guilty ones must suffer. Some 3,000 persons are during involved. eight tenth Those who years of the in which amount to do to make promise good are given or one it. Already yen 300,000, has been recovered peculated, by the will the years

At the present time the territorial government 13 provinces, 11 prefectures and 333 districts, administered officials. Associated with them is, in by Korean a staff of Japanese each province, officials of a consisting government. of consists secretary with the powers of lieutenant governor, a chief police

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30

GEO. HEBER

JONES

inspector and three clerks. A small beginning has been made

towards a species the magistrates people are being that properly belong tricts in a province and in that the governor local autonomy the and issue administrative may decrees, in affairs to engage more and more encouraged of to local should government, be taken from such as education

and building, and it is provided that magistrates province nobility.

From it will for foreign

for the dis?

of that

the men

instead of taking all magistrates

the above

from the Seoul

be seen

that

affairs.

of Korea of the government organisation cabinet in the Korean there is no provision and foreign nations The relations of Korea

came into the sole control of Japan by the establishment

the protectorate and they are managed by a bureau

of

in the

the staff of which consists of officials residency-general, from the department of foreign affairs in Tokio. This func?
of government all foreigners whom foreign the fact that alities : FOREIGN RESIDENTS IN KOREA relations there tion is exercised in Korea are resident have are not for Korea their with by Japan, That the relations.

of Korea

from small may be gathered nation? the following in Korea

According to the latest investigation made by the police affairs bureau of the home office, the total number of the
Chinese, in this Americans, country
Profession

Germans English, is as follows:

Chin. Amer.

and

French

residing

Eng.

Germ.

French.

Official.
Missionaries.... Commerce. Industry.
Agriculture.

9 10 63
. 21 2,420 412
513

7
.. 182 17 4
...

5
1

66 38 12 5
.. 3

1 9 5
. .

Mining. Miscellaneous.. Total.

3,276 6,705

313 73 318

10 61 152

.. 8 30

21 84

Besides these, there are three Belgians (official), five Norwegians ten Russians Greeks eleven (mining), (merchants), (official), and four Italians (three official and one miner.)

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REFORM

IN KOREA

31

IV. Recent

Developments

The most
occurred from the post

recent development
with the of resident general,

in the reform of Korea

retirement in which of Prince he was Ito succeeded

in connection

by His Excellency Viscount Sone, who has served in Korea as deputy resident general and is in full touch and sympathy with the policies and principles of Prince Ito. This new
was threefold in its character, development of the Korean of war, abolition ministry in the consisting the establishment

of a Korean organ of finance in the newly created Central Bank of Korea, and the transfer of legal and judicial func?
tions has to Japanese from Korean of government This control. in a further modification of the Korean resulted cabinet, of war state and cabinet for home the Korean of commerce justice disappearing, of a prime consists so minister education in all. that at and and

the ministers present ministers

agriculture,

affairs, finance, and public works, five

a. Abolition
In considering

of the Korean Ministry

these three most recent

of War
developments in the disband? at a cost and 91 of of

governmental

reform inKorea,
of war was about

itmay be said that the aboli?

foreshadowed maintained was

tion of the ministry

ing of the Korean

army this numbered

army in August,
9,000 men,

1907. At that time the On the disbandment of

organized, and infantry these

yen 1,500,000 to the public revenue.

force a battalion 44 of Life Guards 644 guards, numbering a military with school the entire war

officers, lancers, for the training of officers, constituted over which the minister of establishment,

war presided.

This establishment, with the exception of the

but has been combined school, has been retained, military with as the imperial household the office department guards of the department, now affairs in Korea military being entirely under the Japanese ministry of war. of Finance Bank of Japan, recently

6. Establishment Until which recently was the the Dai private

of a Korean

Organ

Ichi Ginko,the of Baron bank

First

Shibusawa,

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32

GEO. HEBER

JONES

inAmerica
ese ment's dered ment business

as the honored leader of the delegation of Japan?

men this visiting organ of finance. to a new known and was country, This bank has the now govern? surren?

central of Korea

its functions

by the govern? bank, organized as the Central Bank of Korea. granting its charter, it is to have

According

to the ordinance

a capital of 10,000,000 yen, of which 3,000,000 will be subscribed by the Korean government, and 7,000,000 will be
offered to the Korean, Japanese and Chinese public, share?

The shares holders being limited to these nationalities. to dividends not entitled be held by the government will until at least six per cent is paid on all shares held by the public. During the first five years of its existence six per
cent is guaranteed above 12 per to the on non-official its capital. shareholders. For As

royalty, the government is entitled to one half of all the bank's

profits yen cent purposes of

business, the Korean government is to lend the bank 1,500,000

without The interest, president's this money term to be unredeemed is five for five and Dr.

years after which it will be paid back in ten annual install?

ments. of office years,

Ichihara, former Manager of the Dai Ichi Ginko, has been chosen for the post. He will be assisted by three directors
for three serving for two years. years and two managing directors serving

c. Transfer of Legal and Judicial Function

A about July further development a new through 1909, by reason : in the program with agreement of which of reform has come

12,

Korea, negotiated assumes full con? Japan

trol of the courts and judiciary in Korea.

agreement is as follows

The text of this

MEMORANDUM.

and Korea, of Japan governments of the administration justice and improve for persons assuring protection thereby as well as the subjects Korean subjects, The

with

a view in Korea,

to of of

prisons and property and

citizens

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REFORM

IN KOREA

33

foreign Powers inKorea, and also to consolidate the basis of

the Korean lations : Article Until I. finance, have agreed upon the following stipu?

recognized government

the systems of justice and prisons in Korea shall have been as complete, the government of Korea delegates to the of Japan the administration of justice and prisons. Article II.

The government of Japan shall appoint the officers of the Japan? ese courts and prisons in Korea from among Japanese and Korean for the posts. subjects having the necessary qualifications Article III.

The Japanese courts inKorea shall apply Korean laws to Korean or for in agreements except in cases specially provided subjects, in laws and ordinances. Article IV.

The Korean local authorities and public functionaries shall, to their respective submit to the control and according functions, direction of the Japanese competent authorities in Korea, and ren? der assistance to those authorities, in respect of the administration of justice and prisons. Article V.

The government of Japan shall bear all expenses connected with the administration of justice and prisons in Korea. In witness whereof, the undersigned, duly authorized by their have signed and sealed and exchanged respective governments, the present memorandum, drawn up in duplicate, both in the and Korean Japanese languages. Viscount Sone Arasuke, Resident 12th day of the 7th month of the 42d year of Meiji. Ye Wan-Yong, Minister President 12th day of the 7th month of the 3d year of Ryuki. This agreement will come into force Nov. 1st, 1909. General. of State.

on this agreement, the Japan Mail calls Commenting attention to the fact that the powers to delegated Japan are not to be permanently not in name at all exercised;

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34

GEO. HEBER

JONES

events.

A limit is set, namely,

"

until the systems of justice

as complete." shall have been recognized in Korea and prisons a The be merely nominal. restriction Such may evidently being Japan, and Japan alone, completeness judge of Korean

it may
deferred

very well be that a favorable

to a very distant future. That,

judgment will
however, is a matter

be

of good faith, and having

always

showed herself
engagements, now. Besides,

faithful
we have she will

of her international in the discharge no right to doubt Japan's sincerity

have a substantial
of those in Korea, burden, duties and we may

reason for desiring

She

to divest

herself

as soon as possible.

is to bear a not not

all expenses

connected with
as

the administration
that assume will constitute that

of justice and prisons

inconsiderable needlessly post?

she will

pone the pleasure of being relieved of it. An important point elucidated by the memorandum is that Korean subjects will be eligible for seats on the bench and posts in themanagement of the prisons. The number of those who will be called to the higher posts will necessarily be small, at least for the
present.

We find the third article somewhat ambiguous.

that clearly enough en passant, be noted,

It provides

it may courts in Korea?and Japanese " that the courts are called Japanese"?

shall apply Korean laws to Korean subjects, but nothing is said as to the laws that are to be applied in cases of mixed Presumably the residential tribunals will be nationality. cases hitherto coming before them will be and abolished,
tried by the new "Japanese courts." What laws will

then be applied? Doubtless these lacun? will be filled up by subsequent regulations which do not properly find a place
in the Memorandum. This measure means There a substantial is no concealing diminution of Korea's the fact, nor is there, so to conceal it. But Japan leads most that has directly route and it herself is

sovereignty. far as we can evidently feels

see, any disposition route that whatever

most
under

speedily to the blessing of security of life and property

good laws honestly to duty Japan's for Korea's welfare administered, She take. and made

obviously responsible

progress.

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REFORM

IN KOREA 35

Thus the situation stands to-day. The principles of reform and the policies necessary to make them effective have been clearly laid down, but it is evident that several years must
of these reforms will be the permanent results pass before are acceptable to the Korean That evident. these measures at cannot be claimed. Bitterness, deep-seated large people

and almost universales felt by the masses, who deeply resent the loss of national autonomy. This bitterness has manifested itself in a state of chronic insurrection since 1905 and in a
number of assassinations and attempts at assassination,

culminating in the death of Prince Ito at Harbin, at the hands of a young Korean named An. The greatest problem confronting Japan is that of winning the confidence and support of the masses of the Korean people to the measures inaugurated in her name in the Peninsula.

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