제4차 한일회담 각 소위원회 활동에 관한 보고
Tokyo, December 11, 1958
No.35
Dear Mr. Presidents
As reported by my cable Nos. MTB-078 of December 5, MTB-079 of December 6, MT8-080 of December 9, MTB-081 of December 9, and MTB-082 of December 10, 1958, the 6th session of the Committee on Fisheries and Peace Line, the 11th seasion of the Sub-committee on Other Claims Regarding Korean Art Objects, the 14th session of the Committee on Legal Status of Korean Residents in Japan, the 23rd session of the Sub-committee on Vessels, and the 2nd session of the Sub-committee on Other Claims Regarding General Claims were held at the Japanese Foreign Ministry on December 5, 6, 8, 9, and 10, 1958, respectively.
I. Committee on Fisheries and Peace Lines:
At this meeting, Counsellor Choi who acted as chief member of our side repeated the remarks made by Delegate Chang at the previous session that the Japanese proposal embodied in its "Gist of Draft Provisional Agreement on Fisheries" submitted at the previous session was too far from the Korean position on fisheries, while reserving the expression of the Korean formal opinion on the Japanese gist under reference, pending the receipt of the Government instructions on how to handle it. In this connection, Mr. Choi said that Minister Yiu and Delegate Chang were now in Seoul for consultations with the Government. In reply to Mr. Choi's remarks that the Korean side would listen to Japanese additional remarks, if any in connection with the Japanese proposal under reference, the Japanese side stated that it had nothing particular in mind to say at that meeting, except that it looked forward to an early expression of the formal opinion by the Korean side regarding its proposal.
II. Sub-committee on Other Claims Regarding Korea Art Objects:
The Japanese side regretted that it was not in position yet to give an answer to our request for the return of Korean art objects, as the basic policy of the Japanese Government had not been decided upon. It continued that the Japanese delegation was excerting its full efforts to bring about an early decision of the Government policy on the problem of art objects, adding, however, that many of its higher officials concerned held the view that this problem should be handled in connection with other pending problems of the Talks.
Our side reiterated that an early reply should be given to our request for an early return of Korean art objects, and that the art objects problem should not be connected to other problems. Our side continued that an early settlement of this problem would be of a great help to the smooth proceeding of the Overall Talks,
III. Committee on Legal Status of Korean Residents in, Japan
At this meeting our side tried to sound out the Japanese intentions in regard to questions set forth on page 2 of the Government instruction No.OIJUNG 4355 dated November 24, 1956. In reply to our questions put forward previously in connection with Articles 4 and 5, the Japanese side stated 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 the San Francisco Peace Treaty were required to dispose of it or transfer the title thereof during the period of 2 years from April 28, 1952 under the laws concerned. It continued that aliens could enjoy any occupations under Japanese laws in the same way as the Japanese do, except those of 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 premises that the Koreans were actually enjoying those property rights which they had enjoyed at the time of the coming into force of the San Francisco Peace Treaty and that, therefore, the Japanese "unilateral" measures depriving Korean residents of mining right were quite contrary to the expectation that had been entertained by the Korean side in proposing the articles concerned. Our side mede it clear that it could not recognize the propriety of such Japanese "unilateral" measures.
Concerning the nationality of the Korean residents, the Japanese side maintained that they lost "Japanese" nationality upon the coming into force of the San Francisco Peace Treaty on April 28, 1952, quoting the so-called Korea Japan Annexation Treaty. It continued that it would not raise any objection to the Korean view that they are nationals of the 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, four years before the coming into force of the Peace Treaty with Japan. Our side 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 April 28, 1952 would only hamper the smooth works of this committee.
With regard to the matter of granting permanent residance to the Koreans under reference, the Japanese side reserved its answer at this session.
In view of the Japanese answer to our question on property rights, etc. of our people in Japan, Government instructions on how to handle the matters on Articles 4 and 5 would be highly appreciated.
IV. Sub-committee on Vessels:
Following the introduction by the outgoing Japanese chief member of the newly appointed chief member Asada, Director of Maritime Transportations Bureau, the Japanese side proposed to adjourn the day's meeting as its new chief member needed study on the Sub-committee works.
Our side stated that the Japanese side should give a concrete answer to our request regarding vessels falling within the scope of Agenda A as early as possible, and that the Sub-committee should make expeditious proceeding to bring about an early settlement of the vessels problems.
V. Sub-committee on Other Claims Regarding General Claims:
At this meeting, both sides introduced each other some of their respective members who were either newly appointed or absent at the previous session.
Early Government instructions regarding the guiding principles for negotiations at this Subcommittee would be highly appreciated.
With the sentiment of loyalty and esteem, I remain,
Dear Mr. Presidents
As reported by my cable Nos. MTB-078 of December 5, MTB-079 of December 6, MT8-080 of December 9, MTB-081 of December 9, and MTB-082 of December 10, 1958, the 6th session of the Committee on Fisheries and Peace Line, the 11th seasion of the Sub-committee on Other Claims Regarding Korean Art Objects, the 14th session of the Committee on Legal Status of Korean Residents in Japan, the 23rd session of the Sub-committee on Vessels, and the 2nd session of the Sub-committee on Other Claims Regarding General Claims were held at the Japanese Foreign Ministry on December 5, 6, 8, 9, and 10, 1958, respectively.
I. Committee on Fisheries and Peace Lines:
At this meeting, Counsellor Choi who acted as chief member of our side repeated the remarks made by Delegate Chang at the previous session that the Japanese proposal embodied in its "Gist of Draft Provisional Agreement on Fisheries" submitted at the previous session was too far from the Korean position on fisheries, while reserving the expression of the Korean formal opinion on the Japanese gist under reference, pending the receipt of the Government instructions on how to handle it. In this connection, Mr. Choi said that Minister Yiu and Delegate Chang were now in Seoul for consultations with the Government. In reply to Mr. Choi's remarks that the Korean side would listen to Japanese additional remarks, if any in connection with the Japanese proposal under reference, the Japanese side stated that it had nothing particular in mind to say at that meeting, except that it looked forward to an early expression of the formal opinion by the Korean side regarding its proposal.
II. Sub-committee on Other Claims Regarding Korea Art Objects:
The Japanese side regretted that it was not in position yet to give an answer to our request for the return of Korean art objects, as the basic policy of the Japanese Government had not been decided upon. It continued that the Japanese delegation was excerting its full efforts to bring about an early decision of the Government policy on the problem of art objects, adding, however, that many of its higher officials concerned held the view that this problem should be handled in connection with other pending problems of the Talks.
Our side reiterated that an early reply should be given to our request for an early return of Korean art objects, and that the art objects problem should not be connected to other problems. Our side continued that an early settlement of this problem would be of a great help to the smooth proceeding of the Overall Talks,
III. Committee on Legal Status of Korean Residents in, Japan
At this meeting our side tried to sound out the Japanese intentions in regard to questions set forth on page 2 of the Government instruction No.OIJUNG 4355 dated November 24, 1956. In reply to our questions put forward previously in connection with Articles 4 and 5, the Japanese side stated 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 the San Francisco Peace Treaty were required to dispose of it or transfer the title thereof during the period of 2 years from April 28, 1952 under the laws concerned. It continued that aliens could enjoy any occupations under Japanese laws in the same way as the Japanese do, except those of 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 premises that the Koreans were actually enjoying those property rights which they had enjoyed at the time of the coming into force of the San Francisco Peace Treaty and that, therefore, the Japanese "unilateral" measures depriving Korean residents of mining right were quite contrary to the expectation that had been entertained by the Korean side in proposing the articles concerned. Our side mede it clear that it could not recognize the propriety of such Japanese "unilateral" measures.
Concerning the nationality of the Korean residents, the Japanese side maintained that they lost "Japanese" nationality upon the coming into force of the San Francisco Peace Treaty on April 28, 1952, quoting the so-called Korea Japan Annexation Treaty. It continued that it would not raise any objection to the Korean view that they are nationals of the 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, four years before the coming into force of the Peace Treaty with Japan. Our side 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 April 28, 1952 would only hamper the smooth works of this committee.
With regard to the matter of granting permanent residance to the Koreans under reference, the Japanese side reserved its answer at this session.
In view of the Japanese answer to our question on property rights, etc. of our people in Japan, Government instructions on how to handle the matters on Articles 4 and 5 would be highly appreciated.
IV. Sub-committee on Vessels:
Following the introduction by the outgoing Japanese chief member of the newly appointed chief member Asada, Director of Maritime Transportations Bureau, the Japanese side proposed to adjourn the day's meeting as its new chief member needed study on the Sub-committee works.
Our side stated that the Japanese side should give a concrete answer to our request regarding vessels falling within the scope of Agenda A as early as possible, and that the Sub-committee should make expeditious proceeding to bring about an early settlement of the vessels problems.
V. Sub-committee on Other Claims Regarding General Claims:
At this meeting, both sides introduced each other some of their respective members who were either newly appointed or absent at the previous session.
Early Government instructions regarding the guiding principles for negotiations at this Subcommittee would be highly appreciated.
With the sentiment of loyalty and esteem, I remain,
Most respectfully
Ben C. Limb
Ben C. Limb
색인어
- 이름
- Asada
- 지명
- Japan, Seoul, Japan, the Republic of Korea, Japan, Japan
- 관서
- Japanese Foreign Ministry, the Japanese Government, the Republic of Korea Government, Maritime Transportations Bureau
- 기타
- the San Francisco Peace Treaty, the San Francisco Peace Treaty, the San Francisco Peace Treaty, Korea Japan Annexation Treaty, Annexation Treaty, Peace Treaty with Japan, San Francisco Peace Treaty
