회담 전 한국정부의 국적문제 원칙을 확인하는 SCAP에 보내는 서한
The Korean Diplomatic Mission in Japan presents its compliments to the Diplomatic Section of General Headquarters, Supreme Commander for the Allied Powers and with reference to its note of May 3, 1949 requesting clarification on the nationality of the Korean residents in Japan, has the honor to express further its opinion and desire as fellows:
The problems of nationality and of protection of individual rights of the Koreans who have been residing in Japan from before August 9, 1945 should be considered in the light of human rights under the natural law and also of historical homogeneity of the Korean people as well as the historical conditions under which they were obliged to reside in Japan.
The nationality of the Korea residents in Japan therefore should not be decided on optional basis in connection with their birth places or present domiciles, nor should it be decided to acquire desired nationality by departing from Japan. This should be settled by a recovery of their original Korean nationality consequent to the establishment of the independent and sovereign nation of the Republic of Korea as its government has taken action to recognize the nationality of those residents in Japan as her citizens. This new SCAP memorandum is desired to carry the following vital points:
The problems of nationality and of protection of individual rights of the Koreans who have been residing in Japan from before August 9, 1945 should be considered in the light of human rights under the natural law and also of historical homogeneity of the Korean people as well as the historical conditions under which they were obliged to reside in Japan.
The nationality of the Korea residents in Japan therefore should not be decided on optional basis in connection with their birth places or present domiciles, nor should it be decided to acquire desired nationality by departing from Japan. This should be settled by a recovery of their original Korean nationality consequent to the establishment of the independent and sovereign nation of the Republic of Korea as its government has taken action to recognize the nationality of those residents in Japan as her citizens. This new SCAP memorandum is desired to carry the following vital points:
1. Those Korean residents who have continuously resided in Japan from before August 9, 1945. but who have excluded themselves from the application of Japanese Census Registration Law should be confirmed of their automatic acquisition of the nationality of the
Republic/
To the
Diplomatic Section
General Headquarters
Supreme Commander for the Allied Powers
Tokyo
Republic/
To the
Diplomatic Section
General Headquarters
Supreme Commander for the Allied Powers
Tokyo
Republic of Korea as from August 15, 1945 whose concern residents who have continuously resided in Japan from before August 9, 1945 and who have come ■■■■■ the application of Japanese Census Registration Law will be allowed to acquire the nationality of the Republic of Korea if they do wish and if they make proper applications to that aim.
(The term “Korean residents” mentioned above means Korean race.)
2. Those who have acquired the nationality of the Republic of Korea will enjoy freedom of residence as other aliens in Japan and will be guaranteed freedom of religion, freedom of racio, education, freedom of business and enjoyment of private rights in accordance with the principle of equality between allen and vera■culer subjects.
3. Those who have acquired the nationality of the Republic of Korea will be granted freedom of exit from Japan and be guaranteed protection of private property rights including the right of disposal, right of removal and tax exception privileges in case of property removal from Japan to Korea.
If the Diplomatic Section agrees to these fundamental points as indicated above, this Mission is fully prepared to undergo further negotiations in regard to detailed procedures as may be required in order to materialize the subject issue.
Diplomatic Section’s early reaction on the above suggestions will be highly appreciated.
If the Diplomatic Section agrees to these fundamental points as indicated above, this Mission is fully prepared to undergo further negotiations in regard to detailed procedures as may be required in order to materialize the subject issue.
Diplomatic Section’s early reaction on the above suggestions will be highly appreciated.
Tokyo, August 10. 1951