The agreement between Korea and Japan dated August 22, 1904 prescribed that the Korean Government consult the Japanese Government before dealing with such diplomatic affairs as the grant of concessions to or contracts with foreign nationals. The convention between Korea and Japan, dated November 17, 1905, stipulated the measures regarding the execution of the treaties actually existing between Korea and other powers, but lacke provisions related to the execution of agreements and/or engagements already existing. This leads ut to the assumption that there was some adjustment procedure for the concessions already given to foreign nationals in the policy framework of the residency-general. This article takes up the case of the Kapsan mining concession granted to the American firm of Collbran and Bostwick and discusses the following points. First, the characteristics of the Kapsan concession in its form, terms and the attached instruments are compared with other concessions. The emperor of Korea granted the concession to the American firm, hoping that it might induce some diplomatic assistance from the United States. Secondly, the imperial black seal order was issued frequently to the American firm from the middle of 1900. Although the seal was originally used in affairs regarding personal/ private imperial household property, it was utilized by the foreign powers in obtaining concessions. For that purpose the logic that the authority of the emperor of Korea was the ultimate source of legitimacy in the Deahan Chekuk was employed. Next, Japanese authorities regarded the Kapsan concession as the most serious hindrance to enforcing the Mining Law promulgated on July 12, 1906, because of its terms and possibility to induce international discord. Finally, U. S.-Japan negotiations nullified the original Kapsan concession (which was alleged to be legitimate by the Americans in the name of the Korean imperial prerogative) granted a new concession, and agreed to revise the Mining Law so as to secure the original terms of the Kapsan concession. By such procedures, the conditions to uniformly enforce the Mining Law were met. As shown in the case of Kapsan concession, one of the meanings and functions of the period of the Japanese protectorate over Korea lies in the adjustment of foreign interests contradictory to Japanese policy.
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