September 10, 1959

GIST OF TALKS SEVENTEENTH SESSION COMITTEE ON LEGAL STATUS OF KOREAN RESIDENTS IN JAPAN
1. Time and Place: 10:35 - 11:20 a.m., September 7, at Room 212, Foreign Ministry, Japanese Government
2. Conferees:
Korean side: Dr. YU Chin-O
Mr. LEE Ho (as observer)
Mr. CHOI Kyu Hah
Mr. CHIN Pil Shik
Mr. HAN Kibong
Mr. ROIL Jae Won
Mr. LEE Chang Soo
Mr. KWON Tae Woong
Japanese side: Mr. KATSUNO Yasusuke
Mr. HIRAGA Kenta
Mr. MiYAKe Kijiro
Mr. HASEGAWA Shinzo
Mr. MORI Junzo
Mr. HIRATSUKA Nenoichi
Mr. NAKAJIMA Toshijiro
Mr. NAKAGAWA Toyokichi
Mr. IKEBE Ken
3. Gist of Talks:
Mr. Katsuno
If your side has any suggestions on how to proceed this meeting or any other opinions, I would like to listen to them first.
Dr. Yu
This committee meeting on Legal Status of Korean Residents in Japan is not a newly-held one, but a continued session. I think that our side put forward a proposal last October, which had been discussed before. Since during the long recess and unexpected situation has developed, it is first hoped that opinions be exchanged regarding the old proposal made last year. It will be amended if it has any points to be amended. I hope that .a foundation be laid by exchanging opinions first for making a draft agreement on this problem. I would like to know your side's opinion.
Mr. Katsuno
I think that the Japanese side has agreed to resume this committee meeting to discuss the three categories of Korean residents in Japan which the Korean side proposed. I would like to know what connections exist between the three categories of Korean residents in Japan and the proposal which was presented before the recess of this committee.
Dr. Yu
As I stated before, the classification of Korean residents in Japan into the three categories was done due to the development of the new situation. I think that the Korean side's proposal has never been withdrawn. The first two categories of the three are concerned, for the most part, with legal status problems of Korean residents in Japan.
Mr. Hiraga
I would like to know if your side has any new proposal in connection with the three categories of Korean residents in Japan.
Dr. Yu
It does not necessarily mean that our side has any new proposal. But as the Korean residents belonging to the third category has never been discussed before, our opinions on them will be quite new to the committee.
Mr. Hiraga
If your side has any new proposal to make in relation to this problem, I hope that it will be presented, even though not today, as soon as possible.
Dr. Yu
I agree with you. However, it is desirable to exchange opinions before any formal proposal is presented.
Mr. Katsuno
I think that this commettee meeting is a continued session from last year, and there was submitted the Korean side's proposal on legal status of Korean residents in Japan. Various problems regarding Korean residents in Japan, such as their nationality, treatment, property to be taken home, and deportation of criminals other than illegal entrants, were discussed and both sides made their stands clear. However, there was difference of opinions between the two countries as regards the scope of Korean residents in Japan, especially on the question that whether their descendents be included or not. I hope that many disputable problems be discussed one by one seeking a conecrete solution.
Dr. Yu
I have no objection. It was true that such many problems as to nationality of Korean residents in Japan, treatment of Koreans having permanent residence, property in possesion of returnlees, deportation problems,were discussed. I also hope to discuss them one by one for a solution.
Mr. Katsuno
It is desired that the scope of Korean residents in Japan be discussed in detail at next meeting. Some questionable points in the preamble of the Korean proposal may be adjusted following agreement on substantial matters.
Dr. Yu
I think it is more desirable to proceed to discussions in a way to embody agreement reached on substantial matters into articles rather than to have discussions on prepared articles.
Mr. Hiraga
In relation to legal status of Korean residents in Japan, I would like to know Korean side's views on the scope of Korean residents in Japan.
Dr. Yu
I remember that our side made the proposal to the effect that the Koreans who had been resident in Japan before August 15, 1945 when World War II ended, and their descendents (子孫) as well be included in the scope of Korean residents in Japan. However, the Japanese side expressed dissenting opinions as to the inclusion of the descendents in the scope of Korean residents in Japan. If permanent residence is to be accorded to Koreans in Japan, the second or third Korean generation in Japan has most urgent necessity to be accorded it first rather than the Koreans resident in Japan before the end of World War II. It is because the Koreans resident in Japan before the end of the War had, in a certain sense, such reliances for their livelihood in the homeland as their hometowns, relatives, while their second or third generation born in Japan had less connections with their homeland.
As the system of ius sanguiais is adopted by both countries in the acquisition of nationality, Koreans born in Japan are regarded as Korean nationals. If the territorial principle were to applied to Koreans born in Japan, they would acquire the Japanese nationality. It is, therefore, a matter of urgency to recognize permanent residence for such Koreans who were born in Japan but has little connections with their homeland. They may feel as if they were in a foreign country even if they are sent to homeland.
Mr. Hiraga
I would like to know the descendent are meant by only those Koreans who continued residing in Japan after their birth in Japan.
Dr. Yu
Synthetic explanations on details of the descendents cannot be given now. However, it is certain that such Koreans who left Japan temporarily in ordr to study abroad or to visit their homeland on business are within the scope of the descendents.
Mr. Katsuno
They do not belong to the scope of the descendents whose domicile has been transferred to their homeland, do they?
Dr.Yu
I do not want to stick to the word of (子孫). It is conceivable to define them to the extent of lineal descendents (直系▣▣). There may be many problems in relation to property rights and inheritance rights. Definite explanations will be given later after study.
Mr. Hiraga
In Japan, there is enforced the law 'Horei'(法例) to rule the conflict of laws. How about in your country?
Dr. Yu
I think that a similar law is enforced in Korea.
Mr. Hiraga
I will see a copy sent to you later. Now I woud like to explain our views on the nationality problem of the Korean residents in Japan. I hold the Korean proposal made last year that the Korean residents in Japan shall be recognized as the nationals of the Republic of Korea by both governments of Korea and Japan.
The problem of nationality is, in principle, a matter of domestic affairs. However, the nationality problem of Koreans resident in Japan is a particular one, because it has to be settled as a part of the post-war arrangements of the World War II. Before the War ended, the Japanese government had accorded rights and obligations to Koreans resident in Japan regarding them as Japanese nationals. It is because of this fact that the Japanese government's recognition is necessitated in the settlement of the nationality problem of Koreans resident in Japan.
Mr. Katsuno
Shall we adjourn today's meeting?
Dr. Yu
When shall we have next meeting?
Mr. Katsuno
How about coming Monday?
Dr. Yu
Wendesday or Thuesday of this week is desirable. I would like to listen to your side's opinion as soon as possible.
Mr. Katsuno
How is it to have next meeting at 10:30 a.m. on Friday of this week.
Dr. Yu
objection.
(Remarks)
Before adjournment, both side agreed to the following press release: " Substantial matters were discussed at today's meeting on legal status of Korean residents in Japan."