동북아역사넷

상세검색 공유하기 모바일 메뉴 검색 공유
닫기
리스트

한일회담외교문서

상세검색

닫기
회의명
기사명
작성·수신·발신자
문서종류
사료라이브러리 열기
  • 글씨크게
  • 글씨작게
  • 프린트
  • 텍스트
  • 오류신고

미 대사관 각서

 
  • 날짜1957년 12월 31일
  • 문서종류자료
  • 형태사항영어 
供覽
 

12月 31日
次官
局長
MINISTRY OF FOREIGN AFFAIRS
 

Date
This Memorandum was handed by Mr. Weil, Counsellor of the American Embassy to Minister Cho at the latter's office at 10 o'clock, December 31, 1957.
No.604
The Charge d'Affaires ad interim of the United States of America presents his compliments to His Excellency the Minister of Foreign Affairs and has the honor to transmit the following statement of the position of the Government of the United States on the interpretation of Article 4 of the Treaty of Peace with Japan with respect to settlement of claims between the Republic of Korea and Japan.
In a note to the Ambassador of Korea of April 29, 1952, the Department of State interpreted Article 4 of the Japanese Peace Treaty as follows:
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 national, 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(a) of the Treaty."
The United States Government remains of the opinion expressed above. It may be useful to explain the reasoning behind that opinion and the pertinent articles of the Peace Treaty. Japanese properties in that part of Korea within the jurisdiction of the United States military government were vested and thereafter transferred to the Republic of Korea because the establishment of an independent state in Korea appeared to require a clean and absolute break of the ties to Japan. It was the intention of the vesting decree and the transfer agreement to put the Korean authorities in full control of the properties, and while from the juridical point of view it is recognized that a distinction is possible between vesting title and the question of compensation, claims by Japan to compensation are regarded by the United States Government in the circumstances as incompatible with the language, rationale and intent of the vesting decree, the transfer agreement, and Article 4(b) of the Peace Treaty.
When it came to Korean claims against Japan and Japanese nationals, the drafters of the Peace Treaty did not consider that they had before them either sufficient facts or sufficient analysis of applicable legal theories to lay down a solution in the Treaty, although it was obvious that such claims had already been met to some degree by the vesting of Japanese-owned property in Korea. Accordingly, as in the case of other former Japanese territories, they left these questions entirely to arrangements to be made by the countries concerned. They contemplated that in the special arrangements referred to in Article 4(a) the parties would take into account the fact that Japanese-owned properties in Korea had been vested - hence the statement in the above opinion that such disposition was "relevant" in the consideration of the special arrangements. Thus the special arrangements between Korea and Japan would encompass determination of the extent to which Korean claims against Japan should be considered to be extinguished or satisfied by virtue of the take-over by the Korean Government of Japanese assets in Korea.
It was appropriate, it is believed, for the United States to give the interpretation set forth in the Department of State's note of April 29, 1952, to the Korean Ambassador because of the responsibility of the United States for the treaty provisions; but it does not appear appropriate for the United States to express opinions as to just how the disposition of Japanese properties in Korea is to be taken into account by the parties in entering into the special arrangements contemplated by the Treaty. The special arrangements are a matter between the two governments concerned, and such a determination can only be made by the parties themselves or by an authority which might be charged by them with doing so and after full examination of the facts and applicable legal theories which the parties might present.
Embassy of the United States of America,
Seoul, December 31, 1957.

 
이름
Weil
지명
the United States of America , the Republic of Korea , Japan , The United States , Japan , the Republic of Korea , the United States , Japan , Japan , the United States , the Republic of Korea , Korea , Japan , Japan , Japan , Korea , Korea , Korea , Japan , Japan , Korea , the United States , the United States , the United States , Korea
관서
Foreign Affairs , the Government of the United States , the Department of State , the United States Military Government in Korea , The United States Government , the United States military government , the United States Government , the Korean Government
문서
the Department of State's note
기타
the Japanese Peace Treaty , the Treaty of Peace with Japan , the Peace Treaty , the Peace Treaty , the Peace Treaty

태그 :

태그등록
이전페이지 리스트보기 맨 위로