동북아역사넷

상세검색 공유하기 모바일 메뉴 검색 공유
닫기
리스트

한일회담외교문서

상세검색

닫기
회의명
기사명
작성·수신·발신자
문서종류
사료라이브러리 열기
  • 글씨크게
  • 글씨작게
  • 프린트
  • 텍스트
  • 오류신고

청구권에 관한 미국 각서 발표의 건

 
  • 발신자제5차 한일회담 예비회담 수석대표
  • 수신자외무부장관
  • 날짜1961년 3월 9일
  • 문서종류공한
  • 문서번호한일회예 제46호
  • 형태사항한국어 
청구권에 관한 미국 각서 발표의 건
 

한일회예 제46호

단기 4294년 3월 9일

한일회담 예비회담

수석대표

외무부장관 귀하
건명 : 청구권에 관한 미국 각서 발표의 건
(연 : JW-0342호)
머리의 건 연호 전문으로 보고한 바와 같이 청구권에 관한 미국 각서 전문과 1957년 12월 31일자 합의의사록의 관련 부분을 4294년 3월 9일 오전 0시에 발표하였아온바 대표단이 배포한 발표문 1부를 별첨 송부하오니 사수하시기 바라나이다.
추이 : 일본 측의 발표도 우리 측과 같은 시간에 있었으며 9일자 각 신문조간은 이를 일제히 보도하고 있아온바 “마이니찌”, “도오꾜” 신문 및 Japan Times 에 게재된 관련 기사를 송부하오니 사수하시기 바라나이다.

 
별지 : 신문 발표문해제
 
  • 날짜1957년 12월
  • 문서종류기타
  • 형태사항영어 
KOREAN DELEGATION TO THE PRELIMINARY TALKS FOR THE FIFTH KOREA-JAPAN OVERALL-TALKS
 

Press Release

(Not to released until O a.m. Mar. 1961)

At the first Korea-Japan Overall Talks held in 1951, the Republic of Korea requested Japan to settle the Korean claims against her and, as a basis of discussion, presented an "Outline of the Property and Claims Settlement Agreement." Japan, however, responded to this request with the presentation of "Basic Principles of the Agreement concerning the Disposition of Property and Claims" wherein she asserted her claims to the right of Japan and of Japanese nationals in property within the Republic of Korea.
It was beyond any doubt that the Japanese assertion of claims against Korea was totally unfounded. All right, title and interest of Japan and of Japanese nationals in property on or since August 9, 1945, was vested in and owned by the United States Military Government in Korea by virtue of the Ordinance No.33 of that Government dated November 6, 1945, retroactively from September 25, 1945, and thereafter transferred to the Republic of Korea through the "Korea-US Agreement on Initial Financial and Property Settlement" signed on September 11, 1948. Japan herself recognized the validity of the disposition of Japanese property by the American authorities in Korea in article 4 (b) of the Treaty of Peace with Japan.
Despite that the Japanese claims against Korea was groundless beyond any doubt, Japan stood on a distorted interpretation and insisted that she still retained the right to assert the claims with respect to the Japanese private properties in Korea , leaving the positions of the both sides sharply in conflict.
Hence, the United States, one of the drafters of the Peace Treaty with Japan, was requested to express her position on the matter. In a note to the Ambassador of Korea of April 29, 1952, the United States State Department stated its position to the effect that (1) by virtue of Article 4b of the Treaty of Peace with Japan claims against Korea cannot be asserted by Japan, (2) Article 4b of the Treaty is relevant to Article 4a of the same Treaty.
Despite that the United States, one of the drafters of the Peace Treaty, gave such interpretation, Japan continued to assert her claims against Korea up to the Third Korea-Japan Talks. Japan, however, finally agreed, on December 31, 1957, at the end of the preliminary negotiations for the holding of the Fourth Korea-Japan Talks, to accept the interpretation given in a United States note dated December 31, 1957, which gave supplementary explanation on the above-mentioned US note of 1952.
The gist of the US note dated December 31, 1957, the full text of which is attached hereto, are: (1) valid claim against Korea cannot be asserted by Japann (2) Korean claims against Japan are left to the agreement between Korea and Japan (3) the determination of the extent to which Korean claims against Japan should be considered to be satisfied by the disposition of Japanese property in accordance with the Ordinance No.33 of the US Military Government in Korea is also left to the agreement between the two countries.
Further, with respect to this US note of December 31, 1957, it was clearly understood by the two Governments that "the said US Statement does not signify the reciprocal renunciation of the property claims" in the "Agreed Minutes" initialled by the representatives of the two Governments on December 31, 1957. The part of the said "Agreed Minutes" relating to the US note and the Korean claims to be settled at the Korea-Japan Overall Talks reads as follows:
Chief of the Korean Mission in Japan:
In connection with the Korean claims, the Korean side would like to submit for discussion and settlement at the overall talks to be resumed the same proposal that it had submitted at the previous talks.
Minister for Foreign Affairs of Japan:
In such case, the Japanese side has no objection to discussing for settlement such Korean claims with sincerity.
Minister for Foreign Affairs of Japan:
I understand that with respect to the "Statement of U.S. Position on Interpretation of Article 4 of the Japanese Peace Treaty with Respect to the Korean-Japanese Claims Settlement" dated December 31, 1957, the Government of the Republic of Korea is also of the same opinion with the said Statement. I further understand that the said U.S. Statement does not signify the reciprocal renunciation of the property claims.
Chief of the Korean Mission in Japan:
It is also my understanding.
Statement of U.S. Position on Interpretation of
Article 4 of the Japanese Peace Treaty with
Respect to the Korean-Japanese Claims Settlement
The Charge d' Affaires ad interim of the United States of America presents his compliments to His Excellency the Minister of Foreign Affairs and has the honor to transmit the following statement of the position of the government of the United States on the interpretation of Article 4 of the Treaty of Peace with Japan with respect to settlement of claims between the Republic of Korea and Japan.
In a note to the Ambassador of Korea of April 29, 1952, the Department of State interpreted Article 4 of the Japanese Peace Treaty as follows:
"The United States is of the opinion that by virtue of Article 4(b) of the Treaty of Peace with Japan and the relevant directives and acts of the United States Military Government in Korea all right, title and interest of Japan and of Japanese nationals in property within the jurisdiction of the Republic of Korea have been divested. Accordingly, in the opinion of the United States, valid claim to such assets or to an interest therein cannot be asserted by Japan. The disposition of such assets, which Japan has recognized as valid in Article 4(b) of the Treaty, is relevant, however, in the opinion of the United States, in the consideration of the arrangements contemplate by Article 4(a) of the Treaty."
The United States Government remains of the opinion expressed above. It may be useful to explain the reasoning behind that opinion and the pertinent articles of the Peace Treaty. Japanese properties in that part of Korea within the jurisdiction of the United States military government were vested and thereafter transferred to the Republic of Korea because the establishment of an independent state in Korea appeared to require a clean and absolute break of the ties to Japan. It was the intention of the vesting decree and the transfer agreement to put the Korean authorities in full control of the properties, and while from the juridical point of view it is recognized that a distinction is possible between vesting title and the question of compensation, claims by Japan to compensation are regarded by the United States Government in the circumstances as incompatible with the language, rationale and intent of the vesting decree, the transfer agreement, and Article 4(b) of the Peace Treaty.
When it came to Korean claims against Japan and Japanese nationals, the drafters of the peace Treaty did not consider that they had before them either sufficient facts or sufficient analysis of applicable legal theories to lay down a solution in the Treaty, although it was obvious that such claims had already been met to some degree by the vesting of Japanese-owned property in Korea. Accordingly, as in the case of other former Japanese territories, they left these questions entirely to arrangements to be made by the countries concerned.
They contemplated that in the special arrangements referred to in Article 4(a) the parties would take into account the fact that Japanese-owned properties in Korea had been vested hence the statement in the above opinion that such disposition was "relevant" in the consideration of the special arrangements. Thus the special arrangements between Korea and Japan would encompass determination of the extent to which Korean claims against Japan should be considered to be extinguished or satisfied by virtue of the take-over by the Korean government of Japanese assets in Korea.
It was appropriate, it is believed, for the United States to give the interpretation set forth in the Department of State's note of April 29, 1952, to the Korean Ambassador because of the responsibility of the United States for the treaty provisions; but it does not appear appropriate for the United States to express opinions as to just how the disposition of Japanese properties in Korea is to be taken into account by the parties in entering into the special arrangements contemplated by the Treaty. The special arrangements are a matter between the two governments concerned, and such a determination can only be made by the parties themselves or by an authority which might be charged by them with doing so and after full examination of the facts and applicable legal theories which the parties might present.
Embassy of the United Stated of America,
Seoul, December 31, 1957.

 
별지 : 한일 간 청구권 문제와 관련하여 대일평화조약 4조의 해석에 관한 미국 측 입장 성명서해제
 
  • 날짜1957년 12월
  • 문서종류기타
  • 형태사항필사 국한문 
※ 본 문서는 해제정보만 서비스합니다. ※
 
지명
the Republic of Korea , Japan , Japan , Japan , the Republic of Korea , Korea , Japan , the Republic of Korea , Japan , Korea , Japan , Korea , Japan , Korea , the United States , Japan , Japan , Korea , Japan , the United States , Japan , Japan , Korea , Japan , Japan , Korea , Japan , Japan , Japan , Japan , the United States of America , Japan , Republic of Korea , Japan , The United States , Japan , Japan , the Republic of Korea , the United States , Japan , Japan , the United States , Korea , the Republic of Korea , Korea , Japan , Japan , Japan , Korea , Korea , Korea , Japan , Japan , Korea , the United States , the United States , the United States , Korea
관서
the United States Military Government in Korea , the American authorities , the United States State Department , US Statement , Government of the Republic of Korea , U.S. Statement , the government of the United States , the Department of State , the United States Military Government in Korea , The United States Government , the United States military government , the Korean authorities , the United States Government , the Korean government
문서
United States note , US note , the US note , US note , Agreed Minutes , Agreed Minutes , the US note , Statement of U.S. Position , Statement of U.S. Position , the Department of State's note
기타
the Ordinance No.33 of that Government , Korea-US Agreement on Initial Financial and Property Settlement , article 4 (b) of the Treaty of Peace , the Peace Treaty , Article 4b of the Treaty of Peace , 4b of the Treaty , Article 4a of the same Treaty , the Peace Treaty , the Ordinance No.33 of the US Military Government in Korea , Article 4 of the Japanese Peace Treaty , Article 4 of the Japanese Peace Treaty , Article 4 of the Treaty of Peace , Article 4 of the Japanese Peace Treaty , Article 4(b) of the Treaty of Peace , Article 4(b) of the Treaty , Article 4(a) of the Treaty , articles of the Peace Treaty , Article 4(b) of the Peace Treaty , Article 4(a) the parties

태그 :

태그등록
이전페이지 리스트보기 맨 위로