성명서
■■■T
Ⅰ. Legal Status of Koreans under
A. Although it is claimed that the Koreans used to have Japanese nationality, the legal basis ■■ to now they came under the Japanese nationality is quite different from that making the Japanese having the Japanese nationality. In other words, the Japanese were entitled to the Japanese nationality in accordance with the provisions of the Japanese nationality Law, while the Koreans came under the Japanese nationality merely as the result of the Korea-Japan annexation Treaty. The question arising as on what legal basis the Koreans born after the annexation had come to acquire the Japanese nationality is unanswerable except to say that they had acquired it by custom or by common law.
The reason why the Japanese had never made the nationality Law applicable to the Koreans is obvious. Firstly, the Japanese did not want to give the Koreans the status of the Japanese; even the Korean residents in Japan were not allowed to become Japanese unless they were married to Japanese women and given the status of “nyufu” or “yoshi”. Secondly, Koreans were not allowed to abandon the Japanese nationality while the Japanese themselves enjoyed the freedom of abandonment. This discrimination was devised only to control the Koreans who might be engaged in independence ■■vement against Japan. In china, the Japanese authorities had the right to arrest, try extra-territoriality there.
The reason why the Japanese had never made the nationality Law applicable to the Koreans is obvious. Firstly, the Japanese did not want to give the Koreans the status of the Japanese; even the Korean residents in Japan were not allowed to become Japanese unless they were married to Japanese women and given the status of “nyufu” or “yoshi”. Secondly, Koreans were not allowed to abandon the Japanese nationality while the Japanese themselves enjoyed the freedom of abandonment. This discrimination was devised only to control the Koreans who might be engaged in independence ■■vement against Japan. In china, the Japanese authorities had the right to arrest, try extra-territoriality there.
B. The Koreans were not given to enjoy the guarantee of Rights of the Japanese constitution. In spite of the fact that the Guarantee of Rights meant a rule of law by which a citizen’s freedom could not be restricted or infringed upon except by the laws enacted by the National Assembly or the Parliament, the freedom of the Koreans were Jealously restricted by “seirei”- the orders of the Governor General of Korea- as Korea was legally treated as a different region where the application of the Japanese Laws were excluded. Before the surrender of Japan, she was a “constitutional monarchy”, although very incomplete, and bestowed the Guarantee of Rights to her citizens within that scope which precluded the Koreans.
C. The Koreans were never given franchise. The belated promulgation of the law of April 1, 1945, claiming to give them Franchise was never brought into effect.
D. The Koreans were not subject to the compulsory ■■■ service. In the desperate hours of the Pacific War, however, Koreans were forcibly brought into the service in the name of volunteers, although the greater part of the Korean manpower has mobilized for industrial force.
E. The legal status of the Koreas residents in ■■■■■■■s in the past.
While the Japanese nationals in ■■ne■■■ri■ were granted special privileges under extra-territoriality in accordance with the Sino-Japanese special treaty, the Koreans were put under the jurisdiction of the Chinese judicature, pursuant to Sino-Japanese agreement on “■■antao” district, dated September 4, 1904.
F. Concluding from above, the Koreans had a sui ■■neris legal status and were distinctively discriminated from the Japanese under the Japanese dominion. Under any circumstances, the Koreans were cleary and collectively discriminated.
Ⅱ. Situation of Korean Residents in Japan.
A. Most of the Koreans in Japan were taken into Japan and mobilized for forced labor at the Japanese munitions factories for about twenty years from the so-called “■■nchurian Incident” to the end of the Pacific War. Consequently, they lost their economic Foundation in Korea and were obliged to remain in Japan. Although they have been leading a very poor life, they have not been able to enjoy the benefits of Japan’s social security system because their legal status has not been determined.
In view of the above mentioned historical circumstances under which they has come to reside in Japan, they should be granted freedom of continued residence in Japan, and full private right in accordance with the spirit of the declaration of human right of the United Nations after their acquisition of the nationality of the Republic of Korea has been confirmed by the SCAP authorities.
In view of the above mentioned historical circumstances under which they has come to reside in Japan, they should be granted freedom of continued residence in Japan, and full private right in accordance with the spirit of the declaration of human right of the United Nations after their acquisition of the nationality of the Republic of Korea has been confirmed by the SCAP authorities.
Ⅲ. Justification on the Nationality freedom of the Korean Residents in Japan.
A. According to the general principles of the international Law, the people that have been residing in the conceded territory retain their original legal status until such time as when a peace treaty is concluded, in accordance with which treaty, their nationality is decided.
In the case of Korea, however, it is different. Korea has been liberated from the Japanese domination following the formal acceptance by the Japanese of the Potsdam Declaration on August 15, 1945, as the result of which the Korean people automatically left the Japanese nationality.
The sovereign government in Korea, however, was not immediately established and therefore the nationality of the (판독불가) acquire the nationality of the Republic Korea.
In the case of Korea, however, it is different. Korea has been liberated from the Japanese domination following the formal acceptance by the Japanese of the Potsdam Declaration on August 15, 1945, as the result of which the Korean people automatically left the Japanese nationality.
The sovereign government in Korea, however, was not immediately established and therefore the nationality of the (판독불가) acquire the nationality of the Republic Korea.
B. The justifiability of the above legal theory has been verified by the SCAP’s policy as follows:
After the surrounder of Japan on September ■, 1945, all the Japanese nationals in Korea were ordered to eva■■te from Korea, deprived of the right to acquire the Korean nationality and to reside in Korea, while the Korean residents in Japan were allowed continued residence in Japan with freedom to depart at any time. As mentioned above, the Korean residents in Japan received a treatment different from that given the Japanese under the SCAP’s policy.
In accordance with SCAP ■■■■tive No. 1, dated 3 November, 1945. The Korean residents in Japan were completed as the liberated people, separated from the political and legal relations to Japan. As a result, legislatively, they have been deprived of their right to vote and to be elected since December 17, 1945, which rights had been given to the Korean residents in Japan during the Japanese domination (Japanese election Law No. 100). Judicially, they have been granted the right to receive the review by SCAP in the criminal case pursuant to SCAP memorandum dated March 19, 1946 concerning Review of final sentences by Japanese Government imposed upon Koreans and certain other nationals; and administratively, they have been treated as non Japanese or foreigners under the Registration Law of foreigner in Japan dated May 2, 1947 (Imperial Ordinance NO. 207). Endorsement of their personal status for travel outside Japan has been made through this Mission.
In addition, it is to be remained that the SCAP’s announcement dated No. 11, 1946 says “the nationality of Koreans in Japan shall be determined through the recognition as its nationals by a government which will be duly established in Korea in the future”.
After the surrounder of Japan on September ■, 1945, all the Japanese nationals in Korea were ordered to eva■■te from Korea, deprived of the right to acquire the Korean nationality and to reside in Korea, while the Korean residents in Japan were allowed continued residence in Japan with freedom to depart at any time. As mentioned above, the Korean residents in Japan received a treatment different from that given the Japanese under the SCAP’s policy.
In accordance with SCAP ■■■■tive No. 1, dated 3 November, 1945. The Korean residents in Japan were completed as the liberated people, separated from the political and legal relations to Japan. As a result, legislatively, they have been deprived of their right to vote and to be elected since December 17, 1945, which rights had been given to the Korean residents in Japan during the Japanese domination (Japanese election Law No. 100). Judicially, they have been granted the right to receive the review by SCAP in the criminal case pursuant to SCAP memorandum dated March 19, 1946 concerning Review of final sentences by Japanese Government imposed upon Koreans and certain other nationals; and administratively, they have been treated as non Japanese or foreigners under the Registration Law of foreigner in Japan dated May 2, 1947 (Imperial Ordinance NO. 207). Endorsement of their personal status for travel outside Japan has been made through this Mission.
In addition, it is to be remained that the SCAP’s announcement dated No. 11, 1946 says “the nationality of Koreans in Japan shall be determined through the recognition as its nationals by a government which will be duly established in Korea in the future”.
C. In conclusion, it is hereby stated that since the nationality of the Koreans has already been decided by the promulgation of the Republic of Korea’s Nationality Law, the problem of the nationality of the Korean residents in Japan need not be discussed any further. The only need to be met is the legal confirmation by the Supreme Commander for the Allied Powers to this effect.
