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Faced with the disadvantage of having the Imperial palace occupied by Japanese Imperial Army troops, who were also deployed at strategic locations throughout the country, the Koreans were left with little alternative but to sign.

Faced with the disadvantage of having the Imperial palace occupied by Japanese Imperial Army troops, who were also deployed at strategic locations throughout the country, the Koreans were left with little alternative but to sign.

The treaty was signed on 17 November, 1905, by the Korean minister of foreign affairs, Bak Je-sun, and the Japanese minister, Hayasi Konsuke. The Emperor Gojong and the Prime Minister, Han Gyu-seol refused to sign the treaty. This treaty transferred full authority over Korea’s diplomatic relations, as well as control over all trade through Korean ports, to Japan. This would be managed by a Japan-appointed Resident-General - the first being Ito Hirobumi, who was appointed in March, 1906. By signing the treaty, Korea was deprived of its diplomatic sovereignty and became a protectorate of Japan. <ref>http://english.historyfoundation.or.kr/?sub_num=35#arti3 Russo-Japanese War and Japanese Extortion of Korea’s Sovereignty</ref>

The treaty was signed on 17 November, 1905, by the Korean minister of foreign affairs, Bak Je-sun, and the Japanese minister, Hayasi Konsuke. The Emperor Gojong and the Prime Minister, Han Gyu-seol refused to sign the treaty. This treaty transferred full authority over Korea’s diplomatic relations, as well as control over all trade through Korean ports, to Japan. This would be managed by a Japan-appointed Resident-General - the first being Ito Hirobumi, who was appointed in March, 1906. By signing the treaty, Korea was deprived of its diplomatic sovereignty and became a protectorate of Japan. <ref>[http://english.historyfoundation.or.kr/?sub_num=35#arti3 Russo-Japanese War and Japanese Extortion of Korea’s Sovereignty]</ref>

This treaty was later stated as being "already null and void" in Article II of the [[Treaty on Basic Relations between Japan and the Republic of Korea]], which was signed on 22 June, 1965. However,many have argued that as the Koreans signed the treaty if not under duress, then certainly under the threat of military action, the treaty was illegal in terms of international law. In addition, as it was not signed by the Korean Emperor, nor the Prime Minister, it could not have been binding on the country. However, the major powers of the time did nothing to help Korea and turned a deaf ear to her pleas. <ref>Sakamoto Shigeki; "The Issue of Treaties between Japan and Korea - from the standpoint of international law"; page 373</ref>

This treaty was later stated as being "already null and void" in Article II of the [[Treaty on Basic Relations between Japan and the Republic of Korea]], which was signed on 22 June, 1965. However,many have argued that as the Koreans signed the treaty if not under duress, then certainly under the threat of military action, the treaty was illegal in terms of international law. In addition, as it was not signed by the Korean Emperor, nor the Prime Minister, it could not have been binding on the country. However, the major powers of the time did nothing to help Korea and turned a deaf ear to her pleas. <ref>Sakamoto Shigeki; "The Issue of Treaties between Japan and Korea - from the standpoint of international law"; page 373</ref>