억류자문제 4월 2일 협정에 관한 설명
TO : Office of the peresident
FROM : Minister Yong Shik Kim
SUBJECT : Explanations on the April Second Agreement on the Detainee Issue.
With regard to Japanese reactions on the arrangement on the detainee issue as appearing in Japanese newspapers here, a report was made to tile Government by cable No.TS-90407 on April 3, but in addition to the Japanese reactions, it is deemed necessary to make explanations, paragraph by paragraph, on the provisions of the agreement reached between Shigemitsu and myself on April 2 from our standpoint.
The agreement provides:
1. that Japan will release In Japan those Korean detainees at Omura who entered Japan before the end of world war II,
2. that Korea will release Japanese fishermen who completed their respective prison terms and will accept deportation of Koreans who entered Japan by illegal means after the end of world war II,
3. that whether the released Korean detainees will remain In Japan or return to Korea will be left up to their free will, and
4. that procedural matters for the release of Korean detainees will be discussed and decided by the working level between the two side.
A. With regard to Article 1
This is the most important article of tie present agreement, for it is immediately connected with the legal resident status of those Koreans who, entering Japan before 1945, have continuously resided in Japan. Regarding this issue, the Japanese view was that Japan has the right to compulsorily deport all the Koreans, regardless of whether or not they had entered Japan before the end of world War II, since they are foreign nationals (Korean nationals).
On the other hand, the Korean argument was that Japan has no right to compulsorily deport those Koreans who entered Japan before the end of World War II. Japan should not unilaterally
deport these Koreans pending the settlement of the legal status and treatment of such Koreans at the formal Korea-Japan conference And Japan, therefore, should not detain any of such Koreans in Japanese detention camps for the purpose of deportation, and they are entitled to enjoy their free will with respect to their desire to return home or remain in Japan. SCAP also gave such Koreans in Japan a free choice between remaining in Japan and going back to Korea.
If the problem on whethor such pre-war Koreans in Japan are subject to deportation were once decided disadvantageously to the Korean side, the interest of the whole Korean residents here would definitely be menaced, and if they are deported to Korea, they will be obliged to leave behind all their immovable properties In Japan, except for a few packages of personal effects.
From this standpoint, our side was bound to have Japan recognize this insistence of ours. On this point, Japan officially accepted our insistence in the April 2 agreement. Therefore, it can be said that Japan recognized the principle that the pre-war-end Koreans should not be subject to compulsory deportation, for she decided to release the pre-war-end Koreans detained in the Omura Camp. In this connection, some Japan newspapers contended that, in the April 2 agreement, only Korea's insistence was accepted, while Japanese view were disregarded.
B. with regard to Article 2
This article provides (1) that Korea will release only those Japanese fishermen who completed their prison terms and (2) that she will accept the deportation of Koreans who entered Japan by illegal mans after the liberation of Korea.
The main reason why the 'Korean Government detained even those Japanese fishermen who completed their respective prison terms was that Korea was obliged to do so, because Japan adamantly refused to release pre-ear-end Koreans from Omura despite that Japan has no right to detain such Koreans in the light of international practice. Now, since Japan agreed. to release such pre-wae-awl Koreans, there exists no reason why Korea hodd continue to detain Japanese in Korea at the public expense of the Government. Another point which should not be overlooked in this connection is that Korea agreed only on the release of those Japanese who served out their sentences. Japan, in the beginning of negotiations on the detainee issue, strongly demanded that Korea release all the japanese fishermen now in Korea, irrespective of whether or not they completed their prison terms. But our side insisted that Korea can not release Japanese fishermen who have not finished their prison terms, particularly because we wanted to it Japan give at least tacit approval to the sentences imposed by Korean courts upon Japanese Fishermen on the change of violation of our Peace Line. Thus, it is particularly significant that Korea agreed only to the release of such Japanese who served cut their sentences.
In respect of the acceptance of the simple illegal amounts after the end of the War, It is the policy of the Government that Korea will accept the deportation of bona fide post-war ▣...▣, particularly because they also committed the Korean law when they illegally got our of Korea for Japan. The reason why Korea so far category to accept the deportation of Koreans belonging to this category -was that Korea only wanted to give Japan a considerable pressure so that Japan Should agree to release pre-war-end Koreans from Omura at an earliest possible date.
It is also true the Japan held such a large number of Korean smugglers at the cost of a considerable financial burden on the port of the Japanese Government. Another reason for our temporary refusal to accept the deportation of Korean smugglers after 1945 is that Japan sometimes deported deported deceitfully a number of pre-war-end Koreans together with simple illegal entrants.
Now that Japan agreed to release pre-war-end Koreans from Omura, it has come to be possible that Korea will receive such smugglers in compliance with international practice. In this connection, it should be noted that Korea also had better accept such deportation of illegal entrants for a thorough investigation in Korea, because there may be quite a number or Communists elements as well as criminals suspected, who fled from Korea for fear of their arrest by the Korean police among about 1,000 illegal entrants now under detention in Omura.
C. With regardard to Article 3
Since Japan agreed to release pre-war-end Koreans numbering about 400 from Omura, they will be set free in Japan in the near future. It is also expected that, after being set free, there are some who are desirous of returning to Korea at their free will to meet their parents and familles in Korea. In this case, there will be no reason why Korea Should compulsorily let them remain in Japan. They are also eligible to return to Korea as free men, just as other pre-war-end Koreans are repatriated to Korea at their own free urine In fact, every month there are a few hundred pre-war-end Koreans who apply to this Office for issuance of the repatriation certificate, being voluntarily desirous of returning to Koea. The pre-war-end Korean detainees, upon being released from Omura, should be treated just as other pro-war--end Koreans in Japan are. Thus, this office agreed to insert in tile agreement a paragraph that whether the released Korean detainees will remain in Japan or return to Korea will be left up to their free will.
D. With record to Article 4
This article just provides the procetharal matter on how to implement the other three as above. The various technical matters on how to take care of those detainees after being released, to arrange the shipping schedule, to confirm the bona fide illegal entrants, etc. are to be decided at meetings of the Working Party composed of representatives of this Office and the Japanese Government.
However, in view of the fact that Japanese Justice Ministry officials are still dissatisfied with Shigemitsu's acceptance of our insistence, it is deemed necessary that representatives of this Mission should always be on alert in dealing with Japanese representatives of the Working Party.
In connection with the Japanese reactions on the terms of the arrangements, as reported previously, most of Japanese newspapers editorially charged that the Japanese Government made too much concession to the Korean side, no matter how reservedly Japanese people in general try to comment on the three-point arrangement. Such being the case, our side will also have to be careful about the Japanese Government's actions on the implementation of the arrangement in the future.
One Important thing that must be added is that it is also a serious problem how those released detainees will be taken care of because most of them are repeated criminals" and also penniless without the place where to be accomodated. Of course, our side will strongly demand that Japan take care of all these released people.
FROM : Minister Yong Shik Kim
SUBJECT : Explanations on the April Second Agreement on the Detainee Issue.
With regard to Japanese reactions on the arrangement on the detainee issue as appearing in Japanese newspapers here, a report was made to tile Government by cable No.TS-90407 on April 3, but in addition to the Japanese reactions, it is deemed necessary to make explanations, paragraph by paragraph, on the provisions of the agreement reached between Shigemitsu and myself on April 2 from our standpoint.
The agreement provides:
1. that Japan will release In Japan those Korean detainees at Omura who entered Japan before the end of world war II,
2. that Korea will release Japanese fishermen who completed their respective prison terms and will accept deportation of Koreans who entered Japan by illegal means after the end of world war II,
3. that whether the released Korean detainees will remain In Japan or return to Korea will be left up to their free will, and
4. that procedural matters for the release of Korean detainees will be discussed and decided by the working level between the two side.
A. With regard to Article 1
This is the most important article of tie present agreement, for it is immediately connected with the legal resident status of those Koreans who, entering Japan before 1945, have continuously resided in Japan. Regarding this issue, the Japanese view was that Japan has the right to compulsorily deport all the Koreans, regardless of whether or not they had entered Japan before the end of world War II, since they are foreign nationals (Korean nationals).
On the other hand, the Korean argument was that Japan has no right to compulsorily deport those Koreans who entered Japan before the end of World War II. Japan should not unilaterally
deport these Koreans pending the settlement of the legal status and treatment of such Koreans at the formal Korea-Japan conference And Japan, therefore, should not detain any of such Koreans in Japanese detention camps for the purpose of deportation, and they are entitled to enjoy their free will with respect to their desire to return home or remain in Japan. SCAP also gave such Koreans in Japan a free choice between remaining in Japan and going back to Korea.
If the problem on whethor such pre-war Koreans in Japan are subject to deportation were once decided disadvantageously to the Korean side, the interest of the whole Korean residents here would definitely be menaced, and if they are deported to Korea, they will be obliged to leave behind all their immovable properties In Japan, except for a few packages of personal effects.
From this standpoint, our side was bound to have Japan recognize this insistence of ours. On this point, Japan officially accepted our insistence in the April 2 agreement. Therefore, it can be said that Japan recognized the principle that the pre-war-end Koreans should not be subject to compulsory deportation, for she decided to release the pre-war-end Koreans detained in the Omura Camp. In this connection, some Japan newspapers contended that, in the April 2 agreement, only Korea's insistence was accepted, while Japanese view were disregarded.
B. with regard to Article 2
This article provides (1) that Korea will release only those Japanese fishermen who completed their prison terms and (2) that she will accept the deportation of Koreans who entered Japan by illegal mans after the liberation of Korea.
The main reason why the 'Korean Government detained even those Japanese fishermen who completed their respective prison terms was that Korea was obliged to do so, because Japan adamantly refused to release pre-ear-end Koreans from Omura despite that Japan has no right to detain such Koreans in the light of international practice. Now, since Japan agreed. to release such pre-wae-awl Koreans, there exists no reason why Korea hodd continue to detain Japanese in Korea at the public expense of the Government. Another point which should not be overlooked in this connection is that Korea agreed only on the release of those Japanese who served out their sentences. Japan, in the beginning of negotiations on the detainee issue, strongly demanded that Korea release all the japanese fishermen now in Korea, irrespective of whether or not they completed their prison terms. But our side insisted that Korea can not release Japanese fishermen who have not finished their prison terms, particularly because we wanted to it Japan give at least tacit approval to the sentences imposed by Korean courts upon Japanese Fishermen on the change of violation of our Peace Line. Thus, it is particularly significant that Korea agreed only to the release of such Japanese who served cut their sentences.
In respect of the acceptance of the simple illegal amounts after the end of the War, It is the policy of the Government that Korea will accept the deportation of bona fide post-war ▣...▣, particularly because they also committed the Korean law when they illegally got our of Korea for Japan. The reason why Korea so far category to accept the deportation of Koreans belonging to this category -was that Korea only wanted to give Japan a considerable pressure so that Japan Should agree to release pre-war-end Koreans from Omura at an earliest possible date.
It is also true the Japan held such a large number of Korean smugglers at the cost of a considerable financial burden on the port of the Japanese Government. Another reason for our temporary refusal to accept the deportation of Korean smugglers after 1945 is that Japan sometimes deported deported deceitfully a number of pre-war-end Koreans together with simple illegal entrants.
Now that Japan agreed to release pre-war-end Koreans from Omura, it has come to be possible that Korea will receive such smugglers in compliance with international practice. In this connection, it should be noted that Korea also had better accept such deportation of illegal entrants for a thorough investigation in Korea, because there may be quite a number or Communists elements as well as criminals suspected, who fled from Korea for fear of their arrest by the Korean police among about 1,000 illegal entrants now under detention in Omura.
C. With regardard to Article 3
Since Japan agreed to release pre-war-end Koreans numbering about 400 from Omura, they will be set free in Japan in the near future. It is also expected that, after being set free, there are some who are desirous of returning to Korea at their free will to meet their parents and familles in Korea. In this case, there will be no reason why Korea Should compulsorily let them remain in Japan. They are also eligible to return to Korea as free men, just as other pre-war-end Koreans are repatriated to Korea at their own free urine In fact, every month there are a few hundred pre-war-end Koreans who apply to this Office for issuance of the repatriation certificate, being voluntarily desirous of returning to Koea. The pre-war-end Korean detainees, upon being released from Omura, should be treated just as other pro-war--end Koreans in Japan are. Thus, this office agreed to insert in tile agreement a paragraph that whether the released Korean detainees will remain in Japan or return to Korea will be left up to their free will.
D. With record to Article 4
This article just provides the procetharal matter on how to implement the other three as above. The various technical matters on how to take care of those detainees after being released, to arrange the shipping schedule, to confirm the bona fide illegal entrants, etc. are to be decided at meetings of the Working Party composed of representatives of this Office and the Japanese Government.
However, in view of the fact that Japanese Justice Ministry officials are still dissatisfied with Shigemitsu's acceptance of our insistence, it is deemed necessary that representatives of this Mission should always be on alert in dealing with Japanese representatives of the Working Party.
In connection with the Japanese reactions on the terms of the arrangements, as reported previously, most of Japanese newspapers editorially charged that the Japanese Government made too much concession to the Korean side, no matter how reservedly Japanese people in general try to comment on the three-point arrangement. Such being the case, our side will also have to be careful about the Japanese Government's actions on the implementation of the arrangement in the future.
One Important thing that must be added is that it is also a serious problem how those released detainees will be taken care of because most of them are repeated criminals" and also penniless without the place where to be accomodated. Of course, our side will strongly demand that Japan take care of all these released people.
