법적지위위원회 제14차 회의 경과보고 전문
공람
12月 11日
차관
국장
과장
No.MTB-080
DATE. 1209
TO. Office of the President & Foreign Minister
The 14th session of the Committee an Legal Status of Korean are sidents was held at 10:30 on December 8, 1958. Next meeting will be held at 10:30 a.m. on December 15, 1958.
Item 1. At this meeting, our side tried to sound out the Japanese intentions in regard to questions set forth on page 2 of instructions No.Oijung 4355 dated November 24. 1958. At the Meeting, the Japanese side stated in reply to our question put forward previously in connection with Articles 4 and 5 that, under Japanese laws, aliens can enjoy all property rights in the same way as Japanese nationals do with the only exception of mining right and that those Koreans who had mining right at the time of the coming into force of San Francisco peace Treaty were required to dispose it or transfer the title during the period of 2 years from April 28, 1952 under the law concerned. It continued that aliens can enjoy occupations under Japanese laws in the same way as the Japanese do, excepting government and public officials. Pointing out again the special status of Korean residents, our side told the Japanese side that it could hardly make sense that the Koreans had been given same treatment as was accorded to ordinary aliens. Our side continued that it had proposed articles 4 and 5 on the premised that the Koreans were actually enjoying those property rights, etc. which they had enjoyed at the time of coming into force of San Francisco Peace Treaty and that, therefore, the Japanese unilateral measures depriving Korean residents of mining right were quite contrary to the exception that had been entertained by the Korean side in proposing the article concerned. Our side made it clear that it could not recognize propriety of such Japanese unilateral measures.
Item 2. Concerning the nationality of the Korean residents, the Japanese side maintained that they lost Japanese nationality by the coming into force of San Francisco Peace Treaty. It continued that it would not raise any objection to Korea's view that they are nationals of Republic of Korea, but Japan had legally nothing to do with the nationality of the Koreans in question after their losing of Japanese nationality, in view of the principle of the international law concerned. Our side told the Japanese that the so-called annexation treaty is null and void and pointed out that the Republic of Korea Government was established on August, 15, 1948. It added that the japanese insistence of its one sided view that the Koreans lost their "Japanese" nationality by the coming into force of the San Francisco Peace Treaty on Apail 28, 1952 would only hamper the smooth works of this Committee.
Item 3. With regard to the matter of granting permanent residence to the Koreans under reference, the Japanese side reserved its answer at the 14th session.
Item 4. In view of item 1 above, Government instructions on how to handle the matters (under Article 4 and 5 ) would be highly appreciated.
12月 11日
차관
국장
과장
No.MTB-080
DATE. 1209
TO. Office of the President & Foreign Minister
The 14th session of the Committee an Legal Status of Korean are sidents was held at 10:30 on December 8, 1958. Next meeting will be held at 10:30 a.m. on December 15, 1958.
Item 1. At this meeting, our side tried to sound out the Japanese intentions in regard to questions set forth on page 2 of instructions No.Oijung 4355 dated November 24. 1958. At the Meeting, the Japanese side stated in reply to our question put forward previously in connection with Articles 4 and 5 that, under Japanese laws, aliens can enjoy all property rights in the same way as Japanese nationals do with the only exception of mining right and that those Koreans who had mining right at the time of the coming into force of San Francisco peace Treaty were required to dispose it or transfer the title during the period of 2 years from April 28, 1952 under the law concerned. It continued that aliens can enjoy occupations under Japanese laws in the same way as the Japanese do, excepting government and public officials. Pointing out again the special status of Korean residents, our side told the Japanese side that it could hardly make sense that the Koreans had been given same treatment as was accorded to ordinary aliens. Our side continued that it had proposed articles 4 and 5 on the premised that the Koreans were actually enjoying those property rights, etc. which they had enjoyed at the time of coming into force of San Francisco Peace Treaty and that, therefore, the Japanese unilateral measures depriving Korean residents of mining right were quite contrary to the exception that had been entertained by the Korean side in proposing the article concerned. Our side made it clear that it could not recognize propriety of such Japanese unilateral measures.
Item 2. Concerning the nationality of the Korean residents, the Japanese side maintained that they lost Japanese nationality by the coming into force of San Francisco Peace Treaty. It continued that it would not raise any objection to Korea's view that they are nationals of Republic of Korea, but Japan had legally nothing to do with the nationality of the Koreans in question after their losing of Japanese nationality, in view of the principle of the international law concerned. Our side told the Japanese that the so-called annexation treaty is null and void and pointed out that the Republic of Korea Government was established on August, 15, 1948. It added that the japanese insistence of its one sided view that the Koreans lost their "Japanese" nationality by the coming into force of the San Francisco Peace Treaty on Apail 28, 1952 would only hamper the smooth works of this Committee.
Item 3. With regard to the matter of granting permanent residence to the Koreans under reference, the Japanese side reserved its answer at the 14th session.
Item 4. In view of item 1 above, Government instructions on how to handle the matters (under Article 4 and 5 ) would be highly appreciated.
Ambassador Limb
색인어
- 기타
- San Francisco peace Treaty, San Francisco Peace Treaty, the San Francisco Peace Treaty
