법적지위위원회 제15차 회의 경과보고
No.MTB-090
DATE. 1216
供覽
12月 18日
次官
局長
課長
TO. Office of the President & Foreign Minister
The 15th Session of the Committee on Legal Status of Korean Residents in Japan was held at 10:30 a.m. on December 15th. Next meeting was tentatively decided to be held at 10:30 a.m. on December 22nd.
The Japanese side set forth at this meeting its official position and views regarding our draft agreement as follows:
1. The phrase in the preamble " the necessity to affirm the nationality ... " shall be deleted as Japan consider it neither appropriate nor necessary to stipulate the matter in an international agreement though it would not raise objection the Korean view that they are nationals of Republic of Korea.
2. As regards Article 1, the phrase " including the descendants ... " shall be deleted.
3. As regards Paragraph 1 of Article 2, the whole paragraph shall be deleted under the same reason as stated regarding the preamble. As regards Paragraph 2 of Article 2, the paragraph shall be deleted as it would not be necessary.
4. with regard to Article 3, firstly, the conception of the wording " permanent residence" is the legal one according to the scope of the Japanese laws concerned but not physical one; secondly, instead of taking complicated measures simpler procedures for granting "permanent residence" shall be sought; thirdly, the problem of deportation and that of the permanent residence are two sides of a thing, Japan proposes to deal with the problem of permanent residence together with that of deportation without leaving the latter problem for future consultation, under a consideration that deportation criteria those applied to the Koreans in question will be less rigid one than that applicable to ordinary aliens. In connection with the problem of deportation, Japan wishes to have au early reply from the Korean side to its proposal regarding deportation criteria made on July 11th - see Hanildae No.1293 of July 14th; fourthly under the above conditions, all the Korean residents will be granted permanent residence.
5. as regards Articles 4 and 5, reservation item 3 and paragraph 3 of Article 7 shall be withdraw. In that case, though the said article would be actually be stipulations for the caution's sake, the Japanese side would not object to the article if Korean side insists on including the article in the Agreement.
6. with regard to Article 6, the Japanese side maintains that the immunity stipulated in Paragraph I shall be accorded for a limited period " for example 3 years", and regarding Paragraph 2 limitation shall be set on the amount to be remitted, and that the procedures for remitting money and the types, etc. of movables referred to in the article shall be arranged through a sub-committee before the signing of this Agreement.
7. As was proposed above, Paragraph 3 of Article 7 shall be withdrawn.
8. As to the matter concerning the coming into force of this Agreement in connection with Paragraph 2 of Article 7, this Agreement would follow a relevant form to be decided upon in connection with other agreements to be concluded at the Korea-Japan Overall Talks.
9. With regard to deportation of illegal entrants, the Japanese side holds a position that the Korean side agree, by way of exchange of letters or otherwise, to accept those illegal entrants whom the Japanese government decides to deport to the Republic of Korea.
10. Having expressed its official views, the Japanese side said it may enter into article by article discussion from the next session on the Korean proposal.
Reserving the expression of our concrete views on the Japanese position for future session, our side made brief comment thereon countering the Japanese views and regretted that the Japanese position as set forth above was too far from the Korean stand. In accordance with Government cable instructions FTB-029 and also Paragraph 6, item 8 of Government instructions Oijung 4355 of November 24, our side amended articles 4 and 5 of our draft agreement as instructed, withdraw reservation item 3 and Paragraph 3 of Article 7.
DATE. 1216
供覽
12月 18日
次官
局長
課長
TO. Office of the President & Foreign Minister
The 15th Session of the Committee on Legal Status of Korean Residents in Japan was held at 10:30 a.m. on December 15th. Next meeting was tentatively decided to be held at 10:30 a.m. on December 22nd.
The Japanese side set forth at this meeting its official position and views regarding our draft agreement as follows:
1. The phrase in the preamble " the necessity to affirm the nationality ... " shall be deleted as Japan consider it neither appropriate nor necessary to stipulate the matter in an international agreement though it would not raise objection the Korean view that they are nationals of Republic of Korea.
2. As regards Article 1, the phrase " including the descendants ... " shall be deleted.
3. As regards Paragraph 1 of Article 2, the whole paragraph shall be deleted under the same reason as stated regarding the preamble. As regards Paragraph 2 of Article 2, the paragraph shall be deleted as it would not be necessary.
4. with regard to Article 3, firstly, the conception of the wording " permanent residence" is the legal one according to the scope of the Japanese laws concerned but not physical one; secondly, instead of taking complicated measures simpler procedures for granting "permanent residence" shall be sought; thirdly, the problem of deportation and that of the permanent residence are two sides of a thing, Japan proposes to deal with the problem of permanent residence together with that of deportation without leaving the latter problem for future consultation, under a consideration that deportation criteria those applied to the Koreans in question will be less rigid one than that applicable to ordinary aliens. In connection with the problem of deportation, Japan wishes to have au early reply from the Korean side to its proposal regarding deportation criteria made on July 11th - see Hanildae No.1293 of July 14th; fourthly under the above conditions, all the Korean residents will be granted permanent residence.
5. as regards Articles 4 and 5, reservation item 3 and paragraph 3 of Article 7 shall be withdraw. In that case, though the said article would be actually be stipulations for the caution's sake, the Japanese side would not object to the article if Korean side insists on including the article in the Agreement.
6. with regard to Article 6, the Japanese side maintains that the immunity stipulated in Paragraph I shall be accorded for a limited period " for example 3 years", and regarding Paragraph 2 limitation shall be set on the amount to be remitted, and that the procedures for remitting money and the types, etc. of movables referred to in the article shall be arranged through a sub-committee before the signing of this Agreement.
7. As was proposed above, Paragraph 3 of Article 7 shall be withdrawn.
8. As to the matter concerning the coming into force of this Agreement in connection with Paragraph 2 of Article 7, this Agreement would follow a relevant form to be decided upon in connection with other agreements to be concluded at the Korea-Japan Overall Talks.
9. With regard to deportation of illegal entrants, the Japanese side holds a position that the Korean side agree, by way of exchange of letters or otherwise, to accept those illegal entrants whom the Japanese government decides to deport to the Republic of Korea.
10. Having expressed its official views, the Japanese side said it may enter into article by article discussion from the next session on the Korean proposal.
Reserving the expression of our concrete views on the Japanese position for future session, our side made brief comment thereon countering the Japanese views and regretted that the Japanese position as set forth above was too far from the Korean stand. In accordance with Government cable instructions FTB-029 and also Paragraph 6, item 8 of Government instructions Oijung 4355 of November 24, our side amended articles 4 and 5 of our draft agreement as instructed, withdraw reservation item 3 and Paragraph 3 of Article 7.
Ambassador Limb
DEC 17 1958
색인어
- 지명
- Japan, Republic of Korea, Japan, Japan, the Republic of Korea
- 관서
- the Japanese government
