1. Nationality of the Koreans
Regarding the nationality of the Koreans, the Japanese delegation is of the insistent opinion that it is with the coming into force of the Japanese peace treaty that the Koreans resident in Japan lose their Japanese nationality and acquire the Korean nationality. However, the Korean delegation does not think that way. That is to say, the Koreans threw off the Japanese yoke when Japan accepted the terms of the Potsdam Declaration on August 9, 1945 and acquired the Korean nationality when the government of the Republic of Korea was established. This acquisition of the Korean nationality was legally completed with the coming into force of the Korean Nationality Law in December, 1948. In this connection, there was actually no difference whether the Koreans were in Korea or in Japan.
The independence of ROK was not merely de facto but was formally recognized by the decision of the UN General Assembly as well as individually by the majority of the democratic nations all of which recognition renders the independence of Korea legal. Article 2 of the Japanese peace treaty does not empower Japan to do more than confirming these legal effects already established.
II. Leval Status of the Korean residents in Japan
The Korean residents in Japan may be divided in the following two categories:
a) Residents since prior to August 9, 1945
b) Entrants since August 10, 1945
c) The Koreans in Japan belonging to the above 2 categories have the following different legal status:
Category b: Entrants in this category are being accorded by the Japanese Government the exact treatment given to all foreign nationals, i.e., 1) they have no suffrage nor eligibility, 2) they are required to register as aliens, and 3) they are under restrictions as other foreigners are in regard to acquisition of properties in Japan and 4) in regard to business activities.
Category a: Residents in this category have 1) no suffrage nor eligibility and 2) are required to register as aliens as those in category b.; however, they undergo no restrictions at all with regard to acquisition of properties and business activities. This means that they are different from ordinary foreigners in Japan; in other words, they are accorded national treatment by the Japanese Government despite their being foreigners. In fact, they have been receiving the same treatment as that given the Japanese nationals in all respects of living, business activities, acquisition and possession of properties, financial measures, taxation, food ration, police control etc. except respecting suffrage and eligibility, as mentioned above.
While they have not enjoyed the usual privileges enjoyed by the aliens, they at the same time had rights which were not granted aliens.
It is the desire of the Korean government that such legal relations now existing as regards treatment being accorded the Korean residents in Japan be maintained by the Japanese Government.
III. Proposals of the Korean Delegation
Proposals of the Korean government with regard to the legal status of the Korean residents in Japan may be summarized as follows:
a) The Korean Government demands no more than the normal. treatment accorded the aliens for the Korean residents who entered Japan on or after August 10, 1945 as well as those who will enter Japan hereafter. They will be governed by all Japanese laws and rules applicable to foreigners.
b) As for those who have been resident in Japan since before August 9, 1945 the Korean government holds the following view:
1. They should be granted the right of permanent residence in Japan ipso facto and without going through any formalities as well as the right to depart from Japan freely. Such rights should be extended to their descendants.
2. They should be guaranteed the human rights pursuant to the spirit of the Universal Declaration of Human Rights>.
In the enjoyment of property right, freedom of business activities and education, all other rights including the right to work and living, they should be accorded the same treatment as that accorded the Japanese nationals.
In addition, they should be granted the freedom of establishing schools for the sake of educating the Korean students. In such schools, education will be carried out in accordance with the education policy of the ROK.
3. In case of their departure from Japan, they should be guaranteed the right to retain or dispose of their properties in Japan without ny restriction whatsoever and should have the right to carry with them their movable properties. The properties carried or disposed of should come under no restrictions whatever as regards their kind, quantity or value, nor should they be takedo.
4. Deportation should not be applicable to the residents of this category. Those however who have committed felonies such as attempts at overthrowing the Japanese government by force should be deported with the consent of the Korean government.
IV. Reasons why those who have been resident in Japan since before August 8, 1945 are entitled to special status.
a) These people had entered Japan not as aliens and naturally not on the regular entry procedures for foreigners.
b) The majority of them were brought to Japan by the Japanese government under its responsibility as compulsory laborers or the like.
c) As described above their special status is now being recognized by the Japanese government.
d) It is admitted that the poverty of a part of these people constitute a certain amount of burden on the Japanese government. But those were originally poor people who were brought to Japan for her own benefit and use, and who were later thrown into unemployment by the changing economic conditions of Japan herself which in turn brought burden to the Japanese government. Therefore, these so-called destitutes cannot be deported merely because they are a burden to the Japanese government.
V. As regards entrants since August 10. 1945 who have not complied with the necessary procedures
The Korean government does not request any special treat as a right but has the following desires:
a. Although their entry into Japan was not in conformity with the regular entry procedures, those who have proved, during the course of their residence in Japan, to be capable of maintaining their livelihood and of being law-abiding should be granted permit to reside continuously in Japan.
b. Those who have entered Japan after the outbreak of the Korean war -- June 27, 1950 -- without going through legal procedures should not be treated with any drastic measures but with such measures as may be compatible with the spirit of international refugee relief until the settlement of the war.