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한일회담외교문서

법적지위위원회 제14차 회의요록

  • 날짜
    1958년 12월 10일
  • 문서종류
    회의록
  • 형태사항
    영어 
Tokyo, December 10, 1958
FOURTEENTH SESSION COMMITTEE ON LEGAL STATUS OF KOREAN RESIDENTS IN JAPAN
1. Time and place: 10:30 -12:10, December 8, 1958, Room 411, Ministry of Foreign Affairs, Japanese Government
2. Conferees:
Korean side: Mr. CHOI, Kyu Hah
Mr. EA, Chai Hang
Mr. CHIN, Pil Shik
Mr. ROH, Jae Won
Mr. OHM, Young Dal
Japanese side: Mr. KATSUNO, Yasusuke
Mr. HIRAGA, Kenta
Mr. NAKAGAWA, Toyokichi
Mr. HIRATSUKA, Nenoichi
Mr. HASEGAWA, Shinzo
Mr. SHIMIZU, Shiro
Mr. SUGANUMA, Kiyoshi
Mr. TSUCHIYA, Minao
Mr. IKEBE, Ken
3. Gist of Talks:
Mr. KATSUNO:
I think that the Korean side wished to know what treatments on property rights the Korean residents in Japan had enjoyed at the time of the coming into force of the San Francisco Peace Treaty, in connection with Article 4 of the draft agreement, and also how the treatments have been changed hitherto.
Mr. CHOI:
I would like to invite your attention to the fact that the Korean side requested you to inform the former of treatments presently as well as at the time of the coming into force of the Peace Treaty accorded to the Korean residents in Japan in connection with Articles 4 and 5 of the draft agreement.
Mr. KATSUNO:
Our researches revealed that there is hardly any restriction on the property rights enjoyed by aliens, in comparison with those by Japanese nationals. The only exception is in mining right. Of course the Korean residents in Japan had enjoyed the said right before the Peace Treaty entered into force, but, since the Koreans lost their Japanese nationality upon the coming into force of the Peace Treaty, they became to be unable to enjoy such right and they were required to dispose of the said right or transfer the title thereof to the Japanese during the period of two years from April 28, 1952. Consequently, there is no Korean who holds such right presently.
Mr. CHOI:
How about occupations in connection with Article 5?
Mr. KATSUNO:
Aliens can enjoy same occupations as the Japanese, except those in the government and public offices, under the Japanese laws concerned.
Mr. CHOI:
I thought that Korean residents in Japan have enjoyed rather special property rights and occupations than ordinary aliens enjoy, but, since your remarks seem to be somewhat unclear in that connection, I would like to know what exactly the "special treatments" mean as rendered to Korean residents in Japan.
Mr. KATSUNO:
Since there is hardly any discrimination, as mentioned a few minutes ago, in the treatments rendered to the aliens as compared with those granted to the Japanese, it can be said that there is no different treatments between Koreans and other aliens.
Mr. CHOI:
You said that Korean residents in Japan who had had mining rights up to the date of the coming into force of the Peace Treaty were made to dispose of their respective mining rights or transferred to the Japanese the same rights during the two year period, but, I wonder whether your side was right in taking such unilateral measures.
Mr. KATSUNO:
Even though you say that such measure was taken "unilaterally", our Government took the necessary measure by way of the due amendment of the laws concerned, since such matter is strictly within the jurisdiction of the Japanese Government.
Mr. CHOI:
It has been well understood that the matters concerning the Koreans are to be arranged between the two governments of the Republic of Korea and Japan, especially in view of the particular and historical backgrounds of the matters concerned. Since such a measure was unilaterally taken, without due consultation and agreement with us, on the matter of vital importance, I cannot but say that your remarks were quite contrary to the expectation entertained by the Korean side in proposing Articles 4 and 5 of the draft agreement.
Mr. KATSUNO:
Since the previous Japan-Korea Overall Talks which was broken down failed to bring about a settlement on this matter and also Korean residents in Japan have become aliens after April 28, 1952, they had to dispose of the mining rights as the aliens are not permitted to hold them in the light of the international practices concerned. Also, in view of the fact that the two year period was given for the necessary disposition or transfer of the said right, it could be said that the enough considerations were paid in the enforcement of the measures concerned.
Mr. CHOI:
Though questions on the matter will be raised by the Korean side later on, I must make it clear that the Korean side cannot recognize the propriety of the measures taken by the Japanese Government unilaterally and through no due consultation with us. In this connection, it is reminded that the Japanese Government has openly stated that the matters concerning the legal status and treatments of Korean residents in Japan were to be settled through due negotiations between the governments of the Republic of Korea and Japan.
Mr. KATSUNO:
That is a difference of views.
Mr. CHOI:
This matter is too serious to be disposed of in a way of "difference of views." You cannot ignor their basic rights, and, further, from the view point that those Koreans have had a particular historical background in their emigration to Japan, you cannot settle, in a way as you did, such matters which have a very important effect on their property rights and status. The Korean side will reserve its right to take up the matter in due course of time.
Mr. KATSUNO:
I would like to ask what could be the view of the Korean side in regard to our view that Korean residents in Japan lost their "Japanese" nationality after the Peace Treaty entered into force.
Mr. CHOI:
Before answering to that question, I would like to ask the view of the Japanese side as to what nationality they acquired after the Peace Treaty entered into force, according to your allegation that they lost "Japanese" nationality by virtue of the said treaty.
Mr. KATSUNO:
Since they lost their Japanese nationality by virtue of the coming into force of the San Francisco Peace Treaty, we have nothing to do with the nationality of the Koreans in question after they lost their Japanese nationality.
Mr. CHOI:
I am more than surprised to hear you say that your side has "nothing" to do with the Koreans in Japan. The Japanese Government had taken Koreans to Japan for the sake of its war purpose, and now it says that it had nothing to do with those Koreans in the matter of their nationality as well as their status and treatment. How could it be possible for the Japanese Government even from the moral view point to turn its back to them like cast-shoes? Don't you remember that your Government, compulsorily brought those Koreans to Japan as labourers, heavy workers or military service men for its own purpose?
Mr. KATSUNO:
We are making legal discussions on the point of the nationality of Korean residents in Japan. Legally speaking, what nationality had Korean residents in Japan held according to the Korean view?
Mr. CHOI:
According to the Japanese view, Korean residents in Japan acquired the nationality of the Republie of Korea, after the coming into force of the San Francisco Peace Treaty. May I understand that your view is put in that way.
Mr. KATSUNO:
It is a principle that the nationality of its people is to be decided by the nationality law of the respective country. Since they lost their Japancee nationality by virtue ol the Peace Treaty, the Japanese Government has legally nothing to do with the problem of their nationality, because such matter is to be decided by the nationality law of the respective country.
Of course, we do not mean that we have nothing to do with their treatments together with their nationality. Now, may I hear the view of the Korean side regarding the nationality of Koreans in Japan?
Mr. CHOI:
As has been already made clear, they are nationals of the Republic of Korea. And you will recognize that fact, won't you?
Mr. HIRAGA:
We would not raise objection to your contention that they are nationals of the Republic of Korea, but it is not the matter of consultation between the two governments.
Mr. CHOI:
Though I cannot catch your true intention embodied in the expression "the Japanese side would not raise objection to, etc.", I don't see. why you do not positively say that you recognize the clear fact.
Mr. HIRAGA:
The matter is not of the nature of Japan's interference, since that is the matter which the Republic of Korea should decide.
Mr. CHOI:
What difficulty would you have in recognizing the fact positively?
Mr. HIRAGA:
In its nature, the Japanese Government is not able to do it. It would become an interference in other's domestic affairs.
Mr. CHOI:
Then, why has your side insisted that Korean residents in Japan had been "Japanese" nationals untill April 28, 1952, despite that the Government of the Republic of Korea had been established on August 15, 1948?
Mr. KATSUNO:
Untill the time of the coming into force of the Peace Treaty, they had held "Japanese" nationality on the basis of the Annexation Treaty between Japan and Korea.
Mr. CHOI:
Our side has already made it clear that the so-called "Annexation Treaty" is null and void ab initio, and, since there have been arguments between both sides in connection with nationality affairs, we have more reasons for insisting on the necessity of affirming the nationality of Korean residents in Japan.
Mr. HIRAGA:
If the Annexation Treaty were to be null and void, what, then, had their nationality been prior to April 28, 1958.
Mr. CHOI:
Whatever you might say, the so-called "Annexation Treaty" compulsorily imposed by Imperialistic Japan, is null and void. I don't see why the Japanese side is raising such argument which serves no purpose other than irritating the feeling of the Korean side. I would like to make it clear that the one-sided argument that the Korean residents lost their "Japanese" nationality by the coming into force of the San Francisco Peace Treaty, quoting the so-called"Annexation Treaty", etc., would only hamper the smooth proceeding of the works of this committee.
In view of the above, and also in the light of the Japanese attitude as was taken in Mr. Katsuno's answer to the Korean question in regard to the mining right, etc. of tht Korean residents in japan, I must say to the japanese side that it is only trying to push through, at the negotiations table for an international agreement, the "unilateral" dispositions and the effects of its own "domestic" laws. I must point out that such Japanese attitude would not only hamper the smooth proceeding of this committee's works, but also lead the course of this committee to other unexpected direction.
Now, I would like to remind the Japanese side that we have several questions unanswered by the Japanese side in regard to the Korean draft proposal. For instance, our side asked the Japanese side of the latter's view on permanent residence to be granted to the Korean residents in Japan. Also, since the Japanese side made it clear that it would accord Korean residents "special status and treatments" different from those accorded to ordinary aliens, the Korean side wishes to be informed of the details of such special status and treatments.
Mr. KATSUNO:
We will answer those questions later on,on the proper occasions. Shall we adjourn today's meeting?
Mt. CHOI:
When shall we meet again?
Mr. KATSUNO:
Let us meet again at 10:30 a.m. on December 15, 1958, coming Monday.
Mr. CHOI:
No objection.
REMARKS:
Before the meeting was adjourned, both sides agreed to the Joint Press Release which reads: "the committee continued substantial discussions on the legal status and treatments of the Korean residents in Japan, and it was decided that the next meeting would be held at 10:30 a.m. on December 15 1958."
-The end-

색인어
이름
CHOI, Kyu Hah, EA, Chai Hang, CHIN, Pil Shik, ROH, Jae Won, OHM, Young Dal, KATSUNO, Yasusuke, HIRAGA, Kenta, NAKAGAWA, Toyokichi, HIRATSUKA, Nenoichi, HASEGAWA, Shinzo, SHIMIZU, Shiro, SUGANUMA, Kiyoshi, TSUCHIYA, Minao, IKEBE, Ken
지명
Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, Japan, the Republie of Korea, Japan, the Republic of Korea, Republic of Korea, Republic of Korea, Japan, Japan, Korea, Japan, Japan, japan, Japan, Japan
관서
Ministry of Foreign Affairs, Japanese Government, the Japanese Government, governments of the Republic of Korea and Japan, the Japanese Government, the Japanese Government, the governments of the Republic of Korea and Japan, The Japanese Government, the Japanese Government, the Japanese Government, the Japanese Government, the Government of the Republic of Korea
문서
Joint Press Release
기타
San Francisco Peace Treaty, the Peace Treaty, the Peace Treaty, the Peace Treaty, the Peace Treaty, the Peace Treaty, the Peace Treaty, San Francisco Peace Treaty, the San Francisco Peace Treaty, the Peace Treaty, the Peace Treaty, the Annexation Treaty, Annexation Treaty, the Annexation Treaty, Annexation Treaty, San Francisco Peace Treaty, Annexation Treaty
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법적지위위원회 제14차 회의요록 자료번호 : kj.d_0005_0080_0390