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합의의사록의 교섭

 
  • 발신자수석대표
  • 수신자외무부장관
  • 날짜1957년 11월 20일
  • 문서종류기타
  • 형태사항영어 
November 20, 1957

Excellency,
I have read very carefully the Ministry's instructions of November 11 relating to article 4 of the Draft Agreed Minutes. I fully understand and am grateful that Your Excellency is ever mindful of the difficulties that we undergo in our negotiations with the Japanese and is anxious to make our position as easy as possible, but needless to say, since international agreements once made cannot be changed as we do of domestic politics, there must not be the slightest mistake on our part. I shall not elaborate but will refer merely to certain points.
The contents of the November 11 instructions are weaker than what the Japs have originally proposed and what they proposed on September 20. (enclosed) As Your Excellency is well aware, the agreements on Korea-Japan issues that will be exchanged will always remain on record. Even if the formal talks were to break off and resume again, the written agreements that were exchanged at the preliminary negotiations will still stand. The Japs are full aware of this and for this reason have refused to accept our terms and dragged the talks merely because of a few words which they know will keep their hands tied. I believe I do not have to explain further on this point.
During my recent stay in Seoul, I have repeatedly told the Vice Minister that if the Japs refuse to the last to accept our amendment proposal on property claims, I would bring up our alternative proposal with the term "and it does not substantially impair Korean claims". Notwithstanding, this office received new instructions on November 11, I do not know what developments took place since my departure from Seoul, but for the sake of the future and to produce results in our favor we must be cautious so that we will have no regrets later on. If we succeed with the Japs in our favor, I can only be proud that I assisted Your Excellency to achieve it. I know Your Excellency is well aware and understanding of the difficulties we are undergoing in trying to come to terms with the Japs to our advantage. If, unfortunately, I fail to bring the Japs to accept our alternative proposal, 1 shall so report to Your Excellency and request for new instructions. However, I shall not spare my efforts to have the Japs accept terms which will be in our favor.
With highest esteem,
Respecfully,
Enclosure 1. Observation of the Drafts for Article 4 of the Draft Agreed Minutes.
2. Copy of Miyake's Tentative Suggestion and the Recent Cable instructions.
His Excellency
Foreign Minister Cho Chung Whan
Seoul

 
별지 : 합의의사록 제4조안에 대한 논평해제
 
  • 작성자유태하 수석대표
  • 날짜1957년 11월 20일
  • 문서종류기타
  • 형태사항영어 
OBSERVATION OF THE DRAFTS FOR ARTICLE 4 OF THE DRAFT AGREED MINUTES
 

(Comparison of the Cable Instructions with the so-called Miyake's Tentative Suggestion)
1. According to the draft as appearing in Annex A, it is the Korean side that initiated reference to the Korean proposal on the Korean claims which the Korean side had submitted at the previous talks, and the Japanese side merely answered that in such case the Japanese side has no objection to discussing for settlement such Korean claims with sincerity. In other words, the Japanese side only interposes no objection to discussing for settlement such Korean claims with sincerity in response to the Korean remarks that the Korean side would submit the same proposal on Korean claims that it had submitted at the previous talks. Therefore, it might be said that the Japanese response lacks in positiveness on discussing for settlement such Korean claims with sincerity.
2. Furthermore, since the Korean side acknowledges that the Government of the Republic of Korea is also of the same opinion with the said Statement, it would amount to the fact that the Korean side has accepted the U.S. Statement in question in its entirety although there is attached a provided clause that the said U.S. Statement does not signify the reciprocal renunciation of the property claims.
3. On the other hand, according to the so-called Kiyake's tentative suggestion, the U.S. Statement, in its entirety, does not have to be necessarily accepted by the Korean side. That is to say, although the U.S. Statement in question purports to give a clue to the settlement of the property claims, it does not signify the reciprocal renunciation of property claims and does not prevent the Korean side from submitting the same Korean proposal on Korean claims that it had submitted at the previous talks. And furthermore, in case such proposal is submitted by the Korean side at the formal conference to be resumed, the Japanese side commits its to its willingness to discuss for settlement such Korean claims with sincerity as reflected in the sentence that "the Japanese side will discuss for settlement the Korean claims with sincerity." The Korean side accepts the U.S. Statement in the above context. Thus, our position vis a vis the U.S Statement would be rather free as far as such portion of the U.S. Statement as is not so favorable to our side is concerned.
According to this draft, it is the Japanese side that started making reference to the Korean claims and the Japanese side, at its own initiative, stated that it will discuss for settlement such Korean claims with sincerity instead of its passiveness as appearing in the clause that "the Japanese side has no objection to discussing for settlement etc." as appearing in Annex A. Thus, the Japanese side will be in no position to deny the existence of the Korean claims which were submitted at the previous talks.
4. Furthermore, according to Mr. Miyake's draft, our Government is supposed to accept the U.S. Statement not in its entirety but only in such context as reflected in the foregoing part of the draft as Annex B.
5. In conclusion, it is humbly believed that the so-called Miyake's tentative suggestion might be a little more advantageous to our side than the draft as Annex A.
It is in this context that this Office will make efforts to have the Japanese side accept the adding of the clause "...and it does not substantially impair Korean claims" or to settle the issue on Article 4 of the Draft Agreed Minutes on the basis of the so-called Miyake's Tentative Suggestion with some minor revisions in our favour.
Enclosure: Annex A
Annex B

 
별지 : 합의 의사록안해제
 
  • 날짜1957년 11월 20일
  • 문서종류협정안
  • 형태사항영어 
Annex A
DRAFT AGREED MINUTES
 

(The Government's Instructions by recant Cable)
4. Chief of the Korean Mission in Japan:
In connection with the Korean claims, the Korean side would like to submit for discussion and settlement at the overall talks to be resumed the same proposal that it had submitted at the previous talks.
Minister for Foreign Affairs of Japan:
In such case, the Japanese side has no objection to discussing for settlement such Korean claims with all its sincerity.
Minister for Foreign Affairs of Japan:
I understand that with respect to the "Statement of U.S. Position on Interpretation of Article 4 of the Japanese Peace Treaty with Respect to the Korean-Japanese Claims Settlement" dated , 1957, the Government of the Republic of Korea is also of the same opinion with the said Statement. I further understand that the said U.S. Statement does not signify the reciprocal renunciation of the property claims.
Chief of the Korean Mission in Japan:
It is also my understanding.
Remarks: In case the sentence "and it does not substantially impair Korean claims" is added to the and of the clause "...signify the reciprocal renunciation of the property claims", the phrase "with sincerity" will remain unchanged.

 
별지 : 합의 의사록안해제
 
  • 날짜1957년 11월 20일
  • 문서종류협정안
  • 형태사항영어 
Annex B
DRAFT AGREED MINUTES
 

(Mr. Miyake's Tentative Suggestion dated September 20, 1957)
4. Minister for Foreign Affairs of Japan:
With regard to the problems of property claims, 1 understand that the "Statement of U.S. Position on Interpretation of Article 4 of the Japanese Peace Treaty with Respect to the Korean-Japanese Claims Settlement" dated , 1957, which purports to give a clue to settlement of the said problems, does not signify the reciprocal renunciation of property claims and does not preclude the same Korean proposal on Korean claims as put forward to the previous Korea-Japan overall talks from being submitted by the Korean side for discussion and settlement at the overall talks to be resumed. In case such proposal is submitted by the Korean side at the said overall talks, the Japanese side will discuss for settlement Korean claims with sincerity.
I understand that the Government of the Republic of Korea is of the same opinion with the said U.S. Statement in that context.
Chief of the Korean Mission in Japan:
It le also my understanding.
Remarks: In case this tentative draft is accepted, the following amendments to the draft are being contemplated:
The sentence "...the Japanese side will discuss for settlement Korean claims with sincerity" should be amended as the sentence "...the Japanese side will discuss for settlement the Korean claims with all its sincerity. And the clause "...the Government of the Republic of Korea is of the same opinion with the said U.S. Statement in that context" should be amended as the clause "...the Government of the Republic of Korea is also of the same opinion with the said U.S. Statement in the above context."

 
이름
Miyake , Miyake , Kiyake , Miyake , Miyake , Miyake
지명
the Japs , Seoul , Seoul
관서
the Government of the Republic of Korea , Foreign Affairs of Japan , Foreign Affairs of Japan , the Government of the Republic of Korea , Foreign Affairs of Japan , the Government of the Republic of Korea , the Government of the Republic of Korea , the Government of the Republic of Korea
단체
the Korean Mission in Japan , the Korean Mission in Japan , the Korean Mission in Japan
문서
the Draft Agreed Minutes , U.S. Statement , the U.S. Statement , the U.S. Statement , the Draft Agreed Minutes , Statement of U.S. Position , Statement of U.S. Position

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