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한일회담외교문서

법적지위위원회 제20차 회의요록

  • 날짜
    1959년 10월 14일
  • 문서종류
    회의록
  • 형태사항
    영어 
Tokyo, October 14, 1959
THE TWENTYTH SESSION COMMITTEE ON PROBLEMS OF KOREAN RESIDENTS IN JAPAN
1. Time and Place: 10:30 a.m. - 11:40 a.m., October 14, 1959 Room 311, Japanese Ministry of Foreign Affairs
2. Conferees:
Korean side: Dr. YU, Chin-O
Mr. EA, Chai Hang
Mr. CHIN, Pil Shik
Mr. HAN, Ki Bong
Mr. ROH, Chae Won
Mr. LEE, Chang Soo
Japanese side: Mr. Yasusuke KATSUNO
Mr. Kenta HIRAGA
Mr. Kijiro MIYAKE
Mr. Shinzo HASEGAWA
Mr. Junzo MORI
Mr. Toyokichi NAKAGAWA
Mr. Ken IKEBE
3. Gist of Talks:
Mr. Katsuno:
Until the last meeting of the Committee, we have heard the general views of the Korean side regarding the problems of Korean residents in Japan. Today, we would like to present our views. As it is difficult for us to present our views on all aspects at one time, we will state our views on the problem of Korean residents who wish to stay in Japan, to the extent we have so far studied. Now, Mr. Hira-ga will speak on behalf of the Japanese side.
Mr. Hiraga:
I want to cover three points concerning Articles 1 and 2 of the Korean proposal of October 20, 1958.
1. With regard to Article I concerning the date of the termination of hostilities of the Pacific War, the Japanese side is of the opinion that a definite date should be fixed, such as August 15 or September 2, 1945. Of course, if the Korean side has any other date in mind, such date would also be considered.
2. With regard to Article I concerning the 'descendents' of Korean residents, the Japanese side has no particular objection to the basic point as introduced by Dr. Yu that the 'descendents' should mean 'lineal descendents.' However, we are of the opinion that such definition of the lineal descendents should further be clarified in detail. For instance, primarily the descendents as stipulated in Article 1 should be those who are lineal descendents born in Japan of Korean residents in Japan and contineously residing in Japan. Further, he should be a legitimate issue of a Korean resident father. If he is an illegitimate issue, his mother must be a Korean resident. By this way, we think that legal definition of the descendents could be made possible.
3. With regard to Article 2 concerning the nationality of Korean residents in Japan, the Japanese side understands that, by virtue of coming into force of the Sen Francisco Peace Treaty, the Korean residents lost their Japanese nationality. Besides, the Japanese side has no intention to claim that the Korean residents hold Japanese nationality, and this point was already set forth in the Japanese domestic laws concerned. Also it is the view of the Japanese side that the problem of deciding the nationality of a person is a matter of concern of a state or states which claims that she is a national of such state or states. Besides, since the Japanese side, as a matter of fact, is going to conclude an agreement with the Republic of Korea on the Korean residents, this fact itself evidently proves that the Japanese side does not object the contention that the Korean residents are nationals of the Republic of Korea. The decision of the nationality of Koreans is, therefore, not a matter for the Japanese side to participate in, interfere with or make agreement with the Korean side.
In view of the above, the Japanese side takes the view that the stipulation of Paragraph 1 of Article 2 is not only inappropriate but unnecessary.
As regards Paragraph 2 of Article 2, as the stipulation of the same paragraph is a matter of course, the Japanese side opines that the same paragraph is unnecessary.
Accordingly, the Japanese side is of the opinion that Article 2 as a whole is not necessary. In this regard, we would like to add that the Japanese side should refrain from giving impression of interfering in other's domestic affairs in deciding the nationality matter of the Korean residents.
This is about all I have to say today. Thank you.
Dr. Yu:
We would like to hear the opinions of the Japanese side on the other matters concerning the Korean proposal of October 20, 1958, and also we hope to hear the views of the Japanese side on the matters which have been brought up under the new situations.
As the discussions develop, we will be able to draft a new proposal on the problems of Korean residents. Therefore, we wish your side would express your views on the newly raised matters, they are on matters concerning those Koreans who desire to repatriate to the Republic of Korea.
Of course, the problem has been already touched upon in the proposal of October 20, 1958, but the new idea is based on our policy of encouraging as many Korean residents as possible to repatriate to the Republic of Korea. Therefore, we would like to hear also your opinions on our new idea for repatriation of Korean residents in a large number to the Republic of Korea within a limited period of time.
Mr. Katsuno:
We will of course discuss the matters concerned in due courses. But, as a matter of order in proceeding the Committee's works, we are now discussing the problem of those Koreans who will remain in Japan. We would like to hear the opinions of the Korean side on ours just presented by Mr. Hiraga concerning the three points as aforementioned. If the Korean side has any opinion contrary to ours, we would be ready to listen to it.
As for the problem on the repatriation to the Republic of Korea of Korean residents, we have no objection at all to the fundamental point of the policy. In the 'condition' of the repatriation, we can point out that such repatriation can be carried out en masse and individually upon their own free will. Since the problem was proposed by the Korean side on September 11, we are still studying it among the ministries concerned and we are not ready to present concrete views of the Japanese side.
While this committee proceeds with other matters, for instance one on those Koreans who will stay in Japan, we will have enough time to study it and make up our views on the problem concerned. As regards the facilities to be provided for the repatriates, we would like to have the Korean side make suggestions in details what kind of facilities or treatments are necessary for such repatriation, so that we would be able to study them.
We understand that the Korean side proposes for repatriations of Korean residents both in group and by individual. As to the group repatriations, many Koreans returned to the Republic of Korea shortly after the end of World War II. The reasons which necessitate such mass repatriation usually are that travels between the two countries concerned are restricted for some reasons and so, the Governments concerned have to provide those repatriates with special means of transportation. Since there exist quasi-diplomatic relations between the Republic of Korea and Japan, as evident from the Korean Mission stationed in Japan and there is regular transportation available between the Republic of Korea and Japan, we don't see why such mass repatriation of Korean residents is necessary, especially in the light of the fact that the two countries are belonging to the free world.
Dr. Yiu:
1, First, in regard to Mr. Hiraga's view, we will present our views next time. In the meantime, I would like to point out, in connection with the matter of 'descendants,' that there is a problem of dispersed families. I don't know how many, but I know there are many, and certainly considerations should be given to their reunion, I do not insist that the Japanese side should make a formal reply now but I hope that it would give a consideration to such necessity.
2. As regards the mass repatriation, I would like to make clear the basic principle of our policy concerning the mass repatriation before entering into further discussion. The problem of Korean residents' repatriation discussed at the previous talks had a place in our proposal of October 20, 1958. But at that time, the proposal dealt mainly with the problem of individual repatriation. It is the new policy of the Korean Government, however, that both the Governments of the Republic of Korea and Japan should take positive measures to encourage as many Korean residents in Japan as possible to return to the Republic of Korea in a short period not as 5 or 10 years. We must take further steps to encourage such repatriation. Mr. Katsuno certainly had a point of reason in his contention concerning the necessity of 'mass repatriation'. But, the reason why we consider mass repatriation this time is that there are many Korean residents who are too poor that they need governmental aid for their repatriation.
Therefore, we should enable Korean residents to repatriate either individually or in group at their convenience. As to the facilities to be given to the repatriates, we can point out the facilities in inland and maritime transportations and others necessary for the repatriation.
Mr. Katsuno:
As regards the dispersed families in connection with the 'descendants' problem, we can understand that there are dispersed families whose masters have their basis for livelihood in Japan with their dependents living in Korea. But, it should be put into consideration that, among the dispersed families, there are some whose members have separated themselves upon their own will.
When persons falling under such category entered illegally into Japan, they have received special treatment to stay in Japan without being detained in OMURA Camp When the agreement on the Korean residents' problem is reached, they may be allowed to visit Japan for reunion with their families. As to the scope of members or of dependents of the dispersed families requiring reunion, there should be a certain classification thereof such as wife, minors, etc.
Dr. Yu
We should further discuss on the problem of the reunion of the dispersed families later on. As the problem on the repatriation of Korean residents to ROK is a main subject of this Committee as well as the problem of Korean residents to stay in Japan, we expect that the Japanese side would make efforts to bring about a satisfactory settlement of the repatriation problem. Of course, the Korean side is ready to exert its effort for a reasonable result in this regard.
Also I should like to suggest that, rather than spending the Committee's time for discussing on the details of certain technical and procedural matters, it would be better for the Committee to have experts of both sides discuss and draw up a draft of technical arrangements to be attached to the agreement concerned.
Mr. Katsuno:
As regards the details in the problem of the repatriation of Korean residents, we have difficulties in deciding the details of facilities and treatments to be provided for the repatriates for we had already an experience in repatriating en masse Chinese residents to the China Continent after the end of World War II, Therefore, it is difficult for the administrative level of the Japanese side to work out better facilities and treatment for Korean repatriates beyond its scope which had been set at the time of the Chinese repatriation.
But if the Korean side make a clear-out proposed in this regard, we would be willing to study such proposal.
Dr. Yu:
On that problem, we would have to exchange views from every angle before reaching a conclusion, But, I would like to emphasize that, since the problem of Korean residents is unique in its nature, special considerations should be paid by the Japanese side to the problem of the repatriation of Korean residents to ROK.
Would there be other matters to be discussed for today?
Mr. Katsuno:
Shall we adjourn?
Dr. Yu:
No objection.
(Remarks)
1. It was agreed that the next meeting would be held at 10:30 a.m. on October 20, Tuesday.
2. Both sides agreed to a press release which reads: "The Committee on Problems of Korean residents in Japan was held at 10:30 a.m., October 14, 1959. At this meeting, both sides continued substantial discussions on the repatriation of Korean residents to the Republic of Korea and other problems of Korean residents in Japan."
- End -

색인어
이름
YU, Chin-O, EA, Chai Hang, CHIN, Pil Shik, HAN, Ki Bong, ROH, Chae Won, LEE, Chang Soo, Yasusuke KATSUNO, Kenta HIRAGA, Kijiro MIYAKE, Shinzo HASEGAWA, Junzo MORI, Toyokichi NAKAGAWA, Ken IKEBE
지명
Japan, Japan, Japan, Japan, Japan, Japan, Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, Japan, the Republic of Korea, Japan, the Republic of Korea, the Republic of Korea, Japan, the Republic of Korea, Japan, Japan, Japan, the Republic of Korea, Japan, Korea, Japan, Japan, OMURA Camp, Japan, ROK, Japan, the China Continent, ROK, Japan, the Republic of Korea, Japan
관서
Japanese Ministry of Foreign Affairs, the Korean Government, the Governments of the Republic of Korea
기타
Sen Francisco Peace Treaty
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법적지위위원회 제20차 회의요록 자료번호 : kj.d_0005_0080_0500