한국정부가 미국정부에 보내는 서한
April 29, 1952.
Excellency:
I have the honor to acknowledge the receipt of your note of March 25, 1952, in which you request an official United States interpretation of the effect of Article 4 of the Treaty with Japan, and the relevant directives of the United States Military Government with respect to the property of Japan and Japanese nationals in Korea.
The United States is of the opinion that by virtue of Article 4(b) of the Treaty of Peace with Japan and the relevant directives and acts of the United States Military Government in Korea all right, title and interest of Japan and of Japanese nationals in property within the jurisdiction of the Republic of Korea have been divested. Accordingly, in the opinion of the United States, valid claim to such assets or to an interest therein cannot be asserted by Japan. The disposition of such assets which Japan has recognized as valid in Article 4(b) of the Treaty, is relevant, however in the opinion of the United States, in the consideration of the arrangements contemplated by Article 4(b) of the Treaty.
Accept, Excellency, the renewed assurance of my highest consideration.
I have the honor to acknowledge the receipt of your note of March 25, 1952, in which you request an official United States interpretation of the effect of Article 4 of the Treaty with Japan, and the relevant directives of the United States Military Government with respect to the property of Japan and Japanese nationals in Korea.
The United States is of the opinion that by virtue of Article 4(b) of the Treaty of Peace with Japan and the relevant directives and acts of the United States Military Government in Korea all right, title and interest of Japan and of Japanese nationals in property within the jurisdiction of the Republic of Korea have been divested. Accordingly, in the opinion of the United States, valid claim to such assets or to an interest therein cannot be asserted by Japan. The disposition of such assets which Japan has recognized as valid in Article 4(b) of the Treaty, is relevant, however in the opinion of the United States, in the consideration of the arrangements contemplated by Article 4(b) of the Treaty.
Accept, Excellency, the renewed assurance of my highest consideration.
For the Secretary of State:
His Excellency Dr. You Chan Yang Ambassador of Korea, Washington, D. C.
/s/ John M. Allison
/s/ John M. Allison
April 29, 1952
AIDEMEMOIRE
Our Government is gratefully is aware of the fact that the Government of the united states has been deeply interacted in the Tokyo Conference that has been held between Korea and Japan since October 1951.
The basic aim of the Korean Government in agreeing on a bilataral conference was to find a firm basis of reestablishment of friendly relations between Korean and Japan, thus contributing to peace and security in Asia. My Government is very desirous of attaining this goal.
The Korean Delegation was quite optimistic about the outcome of the conference until some time ago. As the conference progressed, our delegation began to be alarmed at the repeated assertions being made by the Japanese Delegation orally and in writing. What disturbed our delegation and what has caused out Government to doubt the sincerity of the Japanese Government is her attitude toward the sovereignty of Korea.
It is, of course, a matter of record that Japan has pledged to the world as clearly indicated in Article 2(n) of the Japanese peace Treaty that she recognizes the independence of Korea and “renounces all right, title and claim to Korea - -.” It is further a matter of record that title to Japanese property within Korea was vested in and owned by the American Military Government in Korea as shown in Section II of the USAMGIK ordnance 33 insued December 3, 1945. and that title to property vested in the USAMGIK was transferred to the Republic of Korea in September 1948, □ is shown in the Initial financial and Property Settlement between the Government of the United States of America and the Government of the republic of Korea. Despite the clear authority of the Government of the United states of America, Japan, through her delegation, has assorted during the Tokyo Conference the following: “U.S. Military Government in Korea effected the do facto transfer of Japanese property to the Korean Government. This does not mean, however, that the U.S Military Government transferred to the Korean Government full rights over the said property. If the legal right of disposal held by the U.S Forces as belligerent or occupation forces is construed as having been transferred to a third party, which was neither a belligerent nor an occupation army, it would be following a logie which is quite against the principles of international law.” The Japanese Government further has stated that, regardless of the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the U.S Military Government in Korea, it “does not waive her original rights and claims to property in Korea.”
Continuous efforts have been made by the Korean delegation to cause the Japanese Government to withdraw this unwar ranted and legally uncound position in order that the conference might go on in a more constructive manner. The Japanese Government has refused to me fit to comply with our request. This Japanese position is responsible for the unfortunate stalemate of the conference.
As the American Government is well aware, our Government from the beginning made it clearly known that the Korean people and the Korean Government are willing to try to forget the injustice and immeasurable harm done to them by the Japanese during the period of thirty-five years, in order that the two neighboring nations might establish friendly relations for the cause of peace in Asia. Despite misgivings, our Government had some confidence In the good sense of the Japanese Government which, in our judgement, would want to show to the world that her national pride dictated that Japan must deal justly and fairly with Korea, one of the earliest victims of Japanese aggression. Our negotiations thus far have indicated clearly that Japan has not changed in her basic character. She has indicated very clearly that her basic intantion at present is still to refuse to recognize the nullification of the fruits of her aggression in Korea. it is even more outrageous to hear the Japanese Government assert, as our delegation heard during the conference, that she even plans to demand Korea to pay indemnity of property damaged due to the recent Communist invasion of Korea.
She Presented this demand in writing at the fifth session, of the Claims Committee on March 6, 1952, as follows:
Furthermore she has the intention to include provisions concerning the responsibility for damage or destruction inflicted upon Japanese property on the spot arising out of the Korean incident, etc,. She requests Korea to take necessary steps to restore the original state of the property, to pay indemnity and to make possible the execution of rights.
It is the view of our Government that the Japanese claims do not, and will not, stand the that of law, morality or fairplay. I am a the opinion that the present attitude of Japan should be of a matter of concern to the American Government not only Because of America’s basically peaceful alum in Korea, Japan, and the rest of Asia, but also because of her role in the task of the disposition of the property matter within Korea. Bluntly speaking, Japan appears audacious enough even to challenge the authority of the American Government. our Government is of the opinion that, if Japan puraists in the position she has revealed during the conference in Tokyo with respect to her claims to property and indemnity of property damaged because of the conflict In Korea at present, it will be futile to continue the conference.
The basic aim of the Korean Government in agreeing on a bilataral conference was to find a firm basis of reestablishment of friendly relations between Korean and Japan, thus contributing to peace and security in Asia. My Government is very desirous of attaining this goal.
The Korean Delegation was quite optimistic about the outcome of the conference until some time ago. As the conference progressed, our delegation began to be alarmed at the repeated assertions being made by the Japanese Delegation orally and in writing. What disturbed our delegation and what has caused out Government to doubt the sincerity of the Japanese Government is her attitude toward the sovereignty of Korea.
It is, of course, a matter of record that Japan has pledged to the world as clearly indicated in Article 2(n) of the Japanese peace Treaty that she recognizes the independence of Korea and “renounces all right, title and claim to Korea - -.” It is further a matter of record that title to Japanese property within Korea was vested in and owned by the American Military Government in Korea as shown in Section II of the USAMGIK ordnance 33 insued December 3, 1945. and that title to property vested in the USAMGIK was transferred to the Republic of Korea in September 1948, □ is shown in the Initial financial and Property Settlement between the Government of the United States of America and the Government of the republic of Korea. Despite the clear authority of the Government of the United states of America, Japan, through her delegation, has assorted during the Tokyo Conference the following: “U.S. Military Government in Korea effected the do facto transfer of Japanese property to the Korean Government. This does not mean, however, that the U.S Military Government transferred to the Korean Government full rights over the said property. If the legal right of disposal held by the U.S Forces as belligerent or occupation forces is construed as having been transferred to a third party, which was neither a belligerent nor an occupation army, it would be following a logie which is quite against the principles of international law.” The Japanese Government further has stated that, regardless of the validity of dispositions of property of Japan and Japanese nationals made by or pursuant to directives of the U.S Military Government in Korea, it “does not waive her original rights and claims to property in Korea.”
Continuous efforts have been made by the Korean delegation to cause the Japanese Government to withdraw this unwar ranted and legally uncound position in order that the conference might go on in a more constructive manner. The Japanese Government has refused to me fit to comply with our request. This Japanese position is responsible for the unfortunate stalemate of the conference.
As the American Government is well aware, our Government from the beginning made it clearly known that the Korean people and the Korean Government are willing to try to forget the injustice and immeasurable harm done to them by the Japanese during the period of thirty-five years, in order that the two neighboring nations might establish friendly relations for the cause of peace in Asia. Despite misgivings, our Government had some confidence In the good sense of the Japanese Government which, in our judgement, would want to show to the world that her national pride dictated that Japan must deal justly and fairly with Korea, one of the earliest victims of Japanese aggression. Our negotiations thus far have indicated clearly that Japan has not changed in her basic character. She has indicated very clearly that her basic intantion at present is still to refuse to recognize the nullification of the fruits of her aggression in Korea. it is even more outrageous to hear the Japanese Government assert, as our delegation heard during the conference, that she even plans to demand Korea to pay indemnity of property damaged due to the recent Communist invasion of Korea.
She Presented this demand in writing at the fifth session, of the Claims Committee on March 6, 1952, as follows:
Furthermore she has the intention to include provisions concerning the responsibility for damage or destruction inflicted upon Japanese property on the spot arising out of the Korean incident, etc,. She requests Korea to take necessary steps to restore the original state of the property, to pay indemnity and to make possible the execution of rights.
It is the view of our Government that the Japanese claims do not, and will not, stand the that of law, morality or fairplay. I am a the opinion that the present attitude of Japan should be of a matter of concern to the American Government not only Because of America’s basically peaceful alum in Korea, Japan, and the rest of Asia, but also because of her role in the task of the disposition of the property matter within Korea. Bluntly speaking, Japan appears audacious enough even to challenge the authority of the American Government. our Government is of the opinion that, if Japan puraists in the position she has revealed during the conference in Tokyo with respect to her claims to property and indemnity of property damaged because of the conflict In Korea at present, it will be futile to continue the conference.
Washington, D.C.
April 29, 1952
April 29, 1952
색인어
- 지명
- United States, The United States, the United States, the United States, Tokyo
- 관서
- United States Military Government, the United States Military Government, the Government of the united states, the Japanese Government, the American Military Government in Korea, the Government of the United States of America, the Government of the republic of Korea, the Government of the United states of America, U.S. Military Government in Korea, the U.S Military Government, the U.S Forces, The Japanese Government, the U.S Military Government in Korea, the Japanese Government, The Japanese Government, the Japanese Government, the Japanese Government, the American Government, the American Government
- 단체
- The Korean Delegation, the Korean delegation
- 기타
- USAMGIK ordnance 33, the principles of international law
