Tokyo, June 12, 1958

THE GIST OF TALKS 4TH SESSION THE MEETING OF THE COMMITTEE ON LEGAL STATUS OF KOREAN RESIDENTS IN JAPAN
1. Time and Place: From 3:00 p.m. to 4:05 p.m. on Monday, June 9, 1958 in Room 411 of the Japanese Foreign Ministry
2. Conferees :
Korean side : Mr. Tai Ha Yiu (Chief ember)
Mr. Ho Lee
Mr. Kyu Hah Choi
Mr. Chai Hang Ea
Mr. Pil Shik Chin
Mr. Young Park
Mr. Ki Bang Han
Mr. To Kyong Limb
Mr. Won Ho Lee
Mr. Jai won Roh
Japanese side : Mr. Yasusuke Katsuno (Chief Nember)
Mr. Shinzo Hasegawa
Mr. Toyokichi Nakagawa
Mr. Kiyoshi Suganuma
Mr. Minao Tsuchiya
Mr. Ken Ikebe
MR. KATSUNO:
As we promised at the preceding session, I would like to explain to you of the special treatment which has been given to the Koreans in Japan.
Firstly; according to the Japanese Immigration Control Ordinance, those who have lost Japanese nationality should leave Japan within 60 days from the date of their losing of Japanese nationality. However a special consideration was given to the Koreans by allowing them to live in Japan temporarily.
Secondly; the Koreans in Japan lost Japanese nationality upon the coming into force of the San Francisco Peace Treaty. However, those Koreans who were born in Japan after the end of World War II have been granted permit for residence in Japan for three years.
Thirdly; a special consideration was given to the poor, lepers and lunatics of Koreans in Japan. According to the Immigration Control Ordinance, they are subject to deportation.
MR. YIU:
I wish to raise a couple of questions regarding what you have just mentioned. First, you have just said that the Koreans in Japan, unlike other aliens in general, are allowed to live in Japan temporarily. Does "temporarily" mean the duration of this Talks"?
Second on what ground was it decided that those Korean children who are born in Japan after the end of World War II are allowed to live in apart for a period of 3 years?
MR. KATSUNO:
Both are by the Japanese law. Immigration Control Ordinance make a law. They may be measures taken temporarily perhaps until there will be a particular agreement between the two countries.
MR. YIU:
You have mentioned that the Koreans in Japan lost the Japanese nationality upon the effectuation of the an Francisco Peace Treaty. On this point, our opinion is quite different from yours.
MR. KATSUNO:
Now that both sides have different opinions on this point, I think we both had better not touch on this now. I was just referring to relevant provisions of the Japanese laws concerned. Incidentally, one thing I would like to propose is that both sides shall exchange views in the first stage more freely until the later stage when both sinds would be ready for the conclusion of the works of the Committee.
MR. YIU:
That is why the Korean side suggested that both sides reduce the number of conferees, if necessity arises, so that both sides will be able to feel more private and free from being too formal. At this full Committee meeting, both sides cannot but be formal, I am afraid.
MR. KATSUNO:
For the Japanese side, I would like to have a chance to talk with Minister Yiu in person.
MR. YIU:
I have some questions to set forth. These questions are in connection with the "three principles" which the Japanese side stated at the Third Committee meeting on June 2. With respect to the definition of the Korean residents in Japan, we have read Japanese newspapers reporting that those Koreans who are born in Japan after the end of World War II are excluded from the category of "Korean residents in Japan" as defined by the Japanese side at the preceding Committee session. Though you have slightly touched on this matter a short while ago, I would like to have more detailed explanation on this matter.
Secondly, the Japanese side mentioned that Japan will take into her consideration the special circumstances under which these Koreans came to live in Japan; as for the problem of the arrangements on deportation, the settlement thereof will be made through an international agreement between the two nations beyond he existing internal laws concerned. In this connection, we do not know of the Japanese internal laws. It is, therefore, hardly understandable that the Japanese side has repeatedly stressed sovereignty, jurisdiction and internal law with regard to this problem. We want to know how the Japanese side thinks about it.
Thirdly, I remember the Japanese side said that once the problem of the arrangements for deportation is well settled, Japan is ready to study ways for the Korean residents in Japan to lead stabilized life in Japan for a considerable length of time. We wish the Japanese side will give us further explanations in this connection.
MR. KATSUNO:
On the first question, the Japanese side is of the view that the status of those Koreans who are born after the end of the World War II is different from that of those Koreans who had been Japanese nationals until the end of the World War II. By saying this, the Japanese side does not mean that Japan is going to deport those Korean children, but means that these Korean children are different in their status from that of the Korean residents in Japan in general who had been living in Japan as Japanese nationals until the end of the World War II.
On the second, Japan is no doubt giving a special consideration to the Korean residents in Japan. With regard to the problem of arrangements for deportation, for our part, we like to follow our Internal laws, while the Korean side insists that the Japanese internal law shall be superseded by an international agreement for its settlement. here, both sides' opinion differs. I am afraid that if we try to settle the problem by legislative measures, the Diet may do things quite contrarily to our expectations. I think, therefore, this problem will be most adequately handled through some administrative measures within the framework of Japan's internal laws concerned.
On the third, the Japanese thought is that except the case of considerably heavy crimes, good Korean residents in Japan shall enjoy their stabilised life in Japan for a considerably long period of time.
MR. YIU:
Can we take the phrase "considerably long period of time" as permanent residence?
MR. KATSUNO:
In certain cases, it will become permanent residence. For Japan, we may allow good Korean nationals to live permanently in Japan with a view to promoting trade and cultural relations of the two countries. However, it is not fair, if Japan should be unilaterally responsible for felonous Korean nationals in Japan.
MR. YIU:
I found quite a distance of opinion between your side and our side today. On these points, we will give further study of our views after yours.
MR. KATSUNO:
For the Japanese side, we have nothing to say about Korean nationals of good nature. We, however, would like to tell you that japan is spanding about ￥2,000,000,000 for the poor, and wishes to have cooperation from Korea. I would like to ask your opinion of what we shall do about it.
MR. YIU:
We see no alternative but helping the poor people's livelihood from your side.
MR. KATSUNO:
How shall we proceed on our Committee works in the future?
MR. YIU:
We proceed on this Committee works in the same way as we are doing now, except when we both agree to do in some different way.
M. KATSUNO:
When are you going to your home country?
MR. YIU:
I an leaving on Wednesday, and going to stay there for a week or so.
MR. KATSUNO:
When you came back here from Seoul, may I have chance to meet you privately?
MR. YIU:
I would see you.
MR. KATSUNO:
Shall we hold next Committee meeting after you came back from Korea?
MR. YIU:
I will inform you after I came back to Tokyo. By the way, I regret to see that there are differences in the Japanese positions on certain points between what Japanese side set forth at this resting and those at the previous conferences in 1952.
MR. KATSUNO:
I don't think there are any substantial differences. It may be from difference of records. Please tell us what are different.
MR. LEE:
You have now said that those Korean children who are born after the end of the World War II are different in their status from those Koreans who have been residing in Japan since the time prior to the end of the War. But in the past conferences, your side committed to treat both of then equally.
One more thing we would like to add Is that in dealing with the problem of giving a special consideration to Koreans in deportation, you said that same administrative measures are only considerable. We think your side may still need to take same legislative measures for the settlement of the problem. And lastly, we see some difference in the Japanese viewpoint with regard to the period of the Korean nationals' residence in Japan. The above are only a few enumerations of examples.
We hope the Japanese side will give a close study on the above points.
MR. KATSUNO:
Though you are referring to the past First, Second, and Third Overall Talks, they are not concluded after all. At any rate, we will give further studies on those points.
MR.YIU:
I really hope the Japanese side will do so. Incidentally, I would like to tell you that the past Talks were broken off not because of the works of the Committee on the Legal Status of Korean Residents in Japan.
MR. KATSUNII
But....
(All members of both sides laugh )
What shall we do about press release?
MR. YIU
How about reporting the fact that we continued to discuss matters on the status of the Korean residents in Japan?
MR. KATSUNO:
No objection.

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