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한일간 재산청구권 문제에 관한 것

 
  • 발신자외무부 정무국
  • 수신자대통령비서실
  • 날짜1955년 6월 23일
  • 문서종류공한 기안문
  • 형태사항필사 국한문 
施行月日番號 : 6/22
六月 二三日起案
關係番號 : 第1387號
長官
次官
정무局長
第一課長
起案者
文書課長
件名 : 한일간 재산청구권 문제(韓日間 財産請求權 問題)에 관한 건
 


국장

대통령비서실 朴▣一秘書官 귀하
머리의 건 한일간 계쟁중인 재한 구일본재산의 소유권문제에 관하여 한국, 일본미국정부가 취한 法的見解는 좌기와 같사옵기 이에 그 내용을 앙달하오니 참고하심을 경망하나이다



一. 大韓民國政府見解
1. 재한 구일본재산은 그 私有, 公有, 國有를 막론하고 그 소유권이 軍政法令 第三十三號 第二條에 依하여 美軍政府에게 歸屬함
2. 이 財産은 다시 大韓民國政府美國政府間의 財政 및 財産에 관한 最初協定 第 五條에 依하여 大韓民國에 移讓됨.
3. 桑港 對日平和條約 第四條 B項에 依하여 日本美國의 在韓 舊日本財産의 處理를 承認하였음
4. 因하여 在韓 舊日本財産의 所有權은 完全히 韓國에 移讓되었으며 日本은 이에 對한 何等의 請求權도 가지고 있지 않음
二. 日本側의 主張
1. 美軍政府法令 第三十三號는 在韓 舊日本 財産에 對하여 單只 管理權을 美軍政廳에 賦與한 데 不過하며 거기에서 말하는 所有權取得 "...is owned by..."는 英美法의 信託理論에 依한 受託者의 "Legal Ownership" 取得에 不過하고 "Equitable Ownership"는 如前히 日本에게 남아 있다.
2. 따라서 大韓民國美軍政廳으로부터 移讓받은 權利는 管理權에 不過하며 "Equitable Owner"로서의 請求權은 日本에게 있다
3. 故로 在韓 舊日本財産의 處理에 關하여는 對日平和條約 第四條 a項이 適用된다
三. 美國의 見解
1. 美軍政法令 第三十三號 및 對日平和條約에 依하여 日本은 問題의 財産에 對하여 何等 有效한 請求權을 가지고 있지 않다
2. 그러나 이 財産의 처분(軍政法令 第三十三號 및 韓美間 財政 및 財産에 關한 最初協定에 依함)은 對日平和條約 第四條 a項에 基한 協定의 商議에 關聯性을 가지고 있다.
(이 法에 曖昧한 用語로 表現된 이 意見은 解釋에 따라서는 1.에서 表示한 意見과 矛盾되는 것인바 생각컨대 美國政府는 政治的인 考慮下에 本 問題에 對하여 明確한 態度를 表明하기를 願치 않는 것으로 보인다)
別添
1. 桑港 對日平和條約 第四條 a 및 B項
2. 美軍政法令 第三十三號
3. 韓美間 財産 및 財政에 關한 最初協定 第五條
4. 이 問題에 關한 美國務省 書翰 寫本

TROATY OF PEACE WITH JAPAN
 


Article 4

(a) Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (inciuding juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, inclnding debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities. The property of any of the Allied Powers or its nationals in the areas referred to in Article 2 shall, in so as this has not already been done, be returned by the administering authority in the condition in which it now exists. (The term nationals whenever used in the present Treaty includes juridical persons.)
(b) Japan recognizes the validity of directives of property of Japan and Japanese nationals made by or pursuant to direcives of the United States Military Government in any of the areas referred to in Articles 2 and 3.
(c) Japanese owned submarine cables connecting Japan with territory removed from Japanese control pursuant to the present Treaty shall be equally divided, Japan retaining the Japanese terminal and adjoining half of the cable, and the detached territory the remainder of the cable and connecting terminal facilities.

HEADQUARTERS UNITED STATES ARMY FORCES IN KOREA Office to the Military Governor Seoul, Korea
 

ORDINANCE
NUMBER 33

6 December 1945

VESTING TITLE TO JAPANESE PROPERTY WITHIN KOREA

SECTION I. Ordinance Number 31 having never been published in the Official Gazette is hereby declared null and void as though it were never issued.
SECTION II. The title to all gold, silver, platinum, surreney, securities accounts in financial institutions, credits, valuable papers, and any other property located within the jurisdictions of this Command, of any type and description, and the proceeds thereof, owned or controlled, directly or indirectly, in whole or part, on or since 9 August 1945, by the Government of Japan, or any agancy thereof, or by any of its nationals, corporations, societies, associations, or any other organization of such government or incorporated or regulated by it is hereby vested in the Military Government of Korea as of 25 September 1945, and all such property is owned by the Military Government of Korea, It is illegal for any person, without the authority of the Military Government of Korea. to enter upon or take possession of any property, remore any part of such property, or injure or impair the value or utility of any such property.

INITIAL FINANCIAL AND PROPERTY SETTLEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA THE GOVERNMENT OF THE REPUBLIC OF KOREA
 


AGREEMENT and Supplement thereto between the United States of America and Korea

Signed at Seoul September 11, 1948

Entered into force September 20, 1948

Article V.
The Government of the Republic of Korea recognizes and ratifies such disposition of former Japanese public and private property vested under Ordinance Number 33 of the United States Army Military Government in Korea as has already been effected by the United States Army Military Gevernment in Korea. procept for the respect to the aquisitiion and use of proper ty by the Government of the United states of America contained in Articles I and IX of this agreement, the remaining vested but unsold property, the nst unexpended proceeds from rentais and sales of vested property, together with all accounts receivable and sales contracts, shall be transferred to the Government of the Republic of Korea in the following ways
(a) All cash, bank deposits or other liquid assests are hereby transferred as of the ettective date of this agreement.
(b) All other vested property that is to be transferred, together with all available inventories, maps, deeds, or other avidences of ownership, will be turned over progresaively to the Government of the Republic of Korea, supported by balance sheets, operating statpments, and other financial records relating to vested property, as rapidly as an orderly transfer can be ettocted, The Government of the Republic of Korea agrees to establish a separate governmental agency to receive and adminster for the benefit of the Korean people the property, heretofore vested under Ordinance No.33, which is or will be transterred to the Government of the Republic of Korea under the provisions of this Article.
The Government of the Republic of Korea will respect, preserve and protect the rights and interests, direct or indirect of nationals of countries at war with Japan, in former Japanese property in Korea acquired by the Government of the Republic of Korea in accordance with this Article provided such rights and interests were legally by bona fide transfer prier to the effective date of Ordinance No.33, The Government of the Republic of Korea hereby relieves the United States of America of liaility including all current and future claims arising out of the resting administration and disposal of the property referred to in this Article.

April 29, 1952

Excellency:
I have the honor to acknowledge the receipt of your note of March 25, 1952, in which you request an official United States interpretation of the effect of Article 4 of the Treaty with Japan, and the relevant directives of the United States Military Government with respect to the property of Japan and Japanese nationals in Korea.
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 wihtin the jurisdiction of the Republic of Korea have been divested. Accordingly, in the opinion of the United Stated, Valid Claim to such assets or to an interest tharein 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 cousideration of the arrangements contemplated by Article 4(a) of the Treaty.
Accept, Excellency, the renewed assurance of my highest consideration.

For the Secretary of States.

His Excellency
Dr. You Chan Yang
Ambassador of Korea
Washington, D.C.
694.95/2-2552

 
이름
朴▣一
지명
한국 , 일본 , 미국 , 日本 , 美國 , 韓國 , 日本 , 日本 , 日本 , 大韓民國 , 日本 , 美國 , 日本 , the United states of America , the United States of America , The United States , the United States
관서
大韓民國政府 , 美國政府間 , 美軍政廳 , 美軍政廳 , 美國政府 , the United States Military Government , the Government of Japan , the Military Government of Korea , the Military Government of Korea , the Military Government of Korea , The Government of the Republic of Korea , the United States Army Military Government , the United States Army Military Gevernment , the Government of the Republic of Korea , the Government of the Republic of Korea , The Government of the Republic of Korea , the Government of the Republic of Korea , The Government of the Republic of Korea , the Government of the Republic of Korea , The Government of the Republic of Korea , the United States Military Government , the United States Military Government
기타
對日平和條約 , Ordinance Number 33 , Ordinance No.33

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