법적지위위원회 제12차 회의의 일본 측의 질문 건
No.MTB-055
DATE. 11181930
TO. Office of the President Foreign Minister
With reference to my cable MTB -054 on 12th meeting of the Legal Status Committee, points of Japanese questions regarding our proposal on the legal status and treatment of Korean residents in Japan are as follows:
Item 1. In article I regarding the phrase ".... the date of the termination of hostilities of the pacific war or since ... ", the Japanese side understands the date as September 2, 1945, and wishes to know the view thereon of the Korean side.
Item 2. In article 1 regarding the word "descendants", the Japanese side wishes to be clarified of the extent to which the word applied in this proposal. As ordinarily the word will mean lineal descendants, it wishes to know which category of the following is referred to by the word "descendants";
1. Those whose parents are Korean residents in Japan.
2. Those of Korean father.
3. Those of Korean mother and father of a third nationality, and others.
The Japanese side further wishes to know if the word will cover all the descendants to follow forever without limit of time and regardless of places of their living.
Item 3. Also in regard to "descendants" in article 1, the Japanese side wishes to know why the "descendants" were included in the Korean residents in the Draft Agreement. It is the view of the Japanese side that the sole reason for considering a special status and treatment for the Korean residents in Japan is from the necessity of a releaf measure to those who had to change their legal status under the special circumstances, as a result of the termination of World War II. It does not see that the above reasons exist with the descendants.
Item 4. The Japanese side wishes to be clarified of the intent of word " confirm " as set forth in paragraph 1 of article 2, whether it is for deciding their nationality or for confirming the nationality already decided. If the latter is the case, it wishes to know what was the cause of the change of nationality as the Japanese side views that by coming into force of the San Francisco Peace Treaty, Korean residents in Japan lost their Japanese nationality.
Item 5. Also, in connection with the above, the Japanese side wishes to know the relations or distinction between the words " confirm a in article 2 and " affirm " in the preamble.
Item 6. As paragraph 2 of article 1, though there exists international private law in each country, the effect of the international private law of a country is not always to be recognized by the other country. By the other but, according to the above mentioned stipulation in the Korean proposal, it set forth the unconditional recognition of the effect of the application of laws with respect to the personal status of Koreans and Japanese in relation to each other. Therefore, the Japanese side feels it quite necessary to know the details of the Korean laws concerned.
Item 7. As regards paragraph i of article 3, the Japanese side wishes to be informed of (1) the meaning of " permanent residence ", and (2) Korean view of "permission thereof ". The Japanese wishes to know
whether the word " permanent residence " means the same under the Japanese Immigration Control Law and whether the word " permission " means the same under the Japanese law.
Item 8. Also in regard to paragraph 1 of article 3, concerning the application of the phrase " within 2 years .... " to the descendants of Korean residents in Japan, the Japanese side wishes to know the view of the Korean side on the application of the same stipulation to whose descendants who will be born after 2 years since the coming into force of this contemplated agreement.
Item 9. Referring to the same paragraph, concerning those Koreans who would not take the prescribed procedures for the permanent residence, the Japanese side wishes to know Korean view as to their status and treatment though their nationality still seems to be Korean in accordance with article 2.
Item 10. As to the deportation in connection with paragraph 1 of article 3 the Japanese side wishes to learn Korean view on the measure to be taken in case the deportation of a Korean is necessitated before the end of the 2 years period.
Item 11. With regard to paragraph 2 of article 3, the Japanese side wishes to learn the meaning of the word "consult " used in the same paragraph, whether it implys that deportation cannot be carried out without consent of the other party, and what could be done regarding a case when such consent could not be obtained, The Japanese side also wished to know (1) whether the Japanese Government has to consult with the Korean Government on each case of deportation case by case, and (2) what exactly will be the extent of the words "such matters as are required for the enforcement thereof ".
Item 12. Also in regard to the above mentioned paragraph , the Japanese side wishes to know whether it could unilaterally deport those Koreans who would may not obtain due permanent residence under paragraph 1 of article 3.
Item 13. In regard to article 4 and its relation with paragraph 3 of article 7 the Japanese side wishes to be informed of the effect and result of the application of article 4 retroactively on the date as set forth in paragraph 3 of article 7. It also wishes to know how the provision of article 4 is to be applied to the descendants, especially those who will be born in future.
Item 14. In regard to article 5, the Japanese side holds the same question as the above on article 4.
Item 15. As regards article 6, the Japanese side wishes to know whether the Korean residents in Japan in this article includes their descendants including those who might be born in distant future.
Part II
In connection with series of Japanese questions mentioned in Part I above there are many things which are quite repetitious and even not worth answering.
However, theabove detailed report is made to present to the Government the Japanese reactions on our Draft Agreement as accurate as possible. Regarding the questions enumerated above, this delegation is preparing for its counter remarks to be made at the next session.
This delegation feels it necessary to have government instructions on Japanese question items 1, 2, 8, 9, 10, 11, 12, 13, 14 and 15.
DATE. 11181930
TO. Office of the President Foreign Minister
With reference to my cable MTB -054 on 12th meeting of the Legal Status Committee, points of Japanese questions regarding our proposal on the legal status and treatment of Korean residents in Japan are as follows:
Item 1. In article I regarding the phrase ".... the date of the termination of hostilities of the pacific war or since ... ", the Japanese side understands the date as September 2, 1945, and wishes to know the view thereon of the Korean side.
Item 2. In article 1 regarding the word "descendants", the Japanese side wishes to be clarified of the extent to which the word applied in this proposal. As ordinarily the word will mean lineal descendants, it wishes to know which category of the following is referred to by the word "descendants";
1. Those whose parents are Korean residents in Japan.
2. Those of Korean father.
3. Those of Korean mother and father of a third nationality, and others.
The Japanese side further wishes to know if the word will cover all the descendants to follow forever without limit of time and regardless of places of their living.
Item 3. Also in regard to "descendants" in article 1, the Japanese side wishes to know why the "descendants" were included in the Korean residents in the Draft Agreement. It is the view of the Japanese side that the sole reason for considering a special status and treatment for the Korean residents in Japan is from the necessity of a releaf measure to those who had to change their legal status under the special circumstances, as a result of the termination of World War II. It does not see that the above reasons exist with the descendants.
Item 4. The Japanese side wishes to be clarified of the intent of word " confirm " as set forth in paragraph 1 of article 2, whether it is for deciding their nationality or for confirming the nationality already decided. If the latter is the case, it wishes to know what was the cause of the change of nationality as the Japanese side views that by coming into force of the San Francisco Peace Treaty, Korean residents in Japan lost their Japanese nationality.
Item 5. Also, in connection with the above, the Japanese side wishes to know the relations or distinction between the words " confirm a in article 2 and " affirm " in the preamble.
Item 6. As paragraph 2 of article 1, though there exists international private law in each country, the effect of the international private law of a country is not always to be recognized by the other country. By the other but, according to the above mentioned stipulation in the Korean proposal, it set forth the unconditional recognition of the effect of the application of laws with respect to the personal status of Koreans and Japanese in relation to each other. Therefore, the Japanese side feels it quite necessary to know the details of the Korean laws concerned.
Item 7. As regards paragraph i of article 3, the Japanese side wishes to be informed of (1) the meaning of " permanent residence ", and (2) Korean view of "permission thereof ". The Japanese wishes to know
whether the word " permanent residence " means the same under the Japanese Immigration Control Law and whether the word " permission " means the same under the Japanese law.
Item 8. Also in regard to paragraph 1 of article 3, concerning the application of the phrase " within 2 years .... " to the descendants of Korean residents in Japan, the Japanese side wishes to know the view of the Korean side on the application of the same stipulation to whose descendants who will be born after 2 years since the coming into force of this contemplated agreement.
Item 9. Referring to the same paragraph, concerning those Koreans who would not take the prescribed procedures for the permanent residence, the Japanese side wishes to know Korean view as to their status and treatment though their nationality still seems to be Korean in accordance with article 2.
Item 10. As to the deportation in connection with paragraph 1 of article 3 the Japanese side wishes to learn Korean view on the measure to be taken in case the deportation of a Korean is necessitated before the end of the 2 years period.
Item 11. With regard to paragraph 2 of article 3, the Japanese side wishes to learn the meaning of the word "consult " used in the same paragraph, whether it implys that deportation cannot be carried out without consent of the other party, and what could be done regarding a case when such consent could not be obtained, The Japanese side also wished to know (1) whether the Japanese Government has to consult with the Korean Government on each case of deportation case by case, and (2) what exactly will be the extent of the words "such matters as are required for the enforcement thereof ".
Item 12. Also in regard to the above mentioned paragraph , the Japanese side wishes to know whether it could unilaterally deport those Koreans who would may not obtain due permanent residence under paragraph 1 of article 3.
Item 13. In regard to article 4 and its relation with paragraph 3 of article 7 the Japanese side wishes to be informed of the effect and result of the application of article 4 retroactively on the date as set forth in paragraph 3 of article 7. It also wishes to know how the provision of article 4 is to be applied to the descendants, especially those who will be born in future.
Item 14. In regard to article 5, the Japanese side holds the same question as the above on article 4.
Item 15. As regards article 6, the Japanese side wishes to know whether the Korean residents in Japan in this article includes their descendants including those who might be born in distant future.
Part II
In connection with series of Japanese questions mentioned in Part I above there are many things which are quite repetitious and even not worth answering.
However, theabove detailed report is made to present to the Government the Japanese reactions on our Draft Agreement as accurate as possible. Regarding the questions enumerated above, this delegation is preparing for its counter remarks to be made at the next session.
This delegation feels it necessary to have government instructions on Japanese question items 1, 2, 8, 9, 10, 11, 12, 13, 14 and 15.
Ambassador Limb
색인어
- 지명
- Japan, Japan, Japan, Japan, Japan, Japan
- 관서
- Japanese Government, Korean Government, the Government the Japanese
- 문서
- the Draft Agreement, Draft Agreement
- 기타
- the San Francisco Peace Treaty, Japanese Immigration Control Law
