August 25, 1958

TO : His Excellency the President
FROM : Vice Foreign Minister
SUBJECT : Conversation with Ambassador Dowling
Ambassador Dowling called on me at 2:00 p.m. today and made the following representation on the case of Mr. Robert Winter, a U.S. citizen who is presently held by the Prosecutors Office under the suspicion of having violated our foreign exchange control law.

Dowling

:
Speaking of the case of Mr. Robert Winter, he has been under detention by the Korean authorities for 18 days as he was held for 10 days by the Metropolitan Police and 8 days by the Prosecutors Office. I hope the Korean authorities concerned will expedite the investigation on his case and proceed with examination without detaining the accused. In asking this, I have no slightest intention of raising objection to or interfering with the rights of the Korean authorities to arrest, investigate and Interrogate U.S. citizens violating Koreans laws and regulations in force, but, since Korea is making efforts to invite American capitals into Korea, I would think that frequent disputes of this nature between the Korean authorities and American businessmen in Korea might give an impression to the U.S. Congressmen as if the Korean side were placing pressure on American businessmen, which will put the State Department (Mr. Robertson in particular) in a very difficult position.
I have not heard of any case in which Korean businessmen were arrested by the Korean authorities under suspicion of having violated the foreign exchange regulations. The Republic of Korea is obliged by treaty to accord the national treatment to American businessmen, and I cannot understand why the Korean authorities detained American citizen for such a long period while they took no action toward Korean nationals of similar category. Besides, the American citizen under question will not be able to run away even if he was paroled. I hope that the Foreign Ministry will use its good offices on the case of Mr. Winter.

Kim

:
I will take up this matter with the Justice Ministry this afternoon and will see to it that every measure that is pormissible within the Korean relevant law be taken for Mr. Winter. As you say, we are eager to invite American capitals into Korea, but we do not want capitals to be introduced and managed by such American businessmen who would violate our laws and regulations. I don't think the U.S. Congress would object to our Government's apprehending American citizens who violated Korean laws and regulations. I will talk with the Justice Minister this afternoon and ask him to take appropriate steps to meet with your request.

Dowling

:
Regarding the Korea-Japan talks, as I have told you before, no government will resort to the means of forceful repatriation. The so-called World Peace Congress which was held recently in Tokyo to protest and oppose to the use of nuclear power, was attended by representatives from many countries, but Japan refused to issue visas to those representatives from north Korea although Japan granted entry permits to the representatives from north Viet-Minh, Red China and East Germany. This will show that Japan does not recognize north Korean puppet regims, and I firmly believe that even if Japan released those pro-communist Koreans in Japan, she will never repatriate them to north Korea.
It will be impossible for Japan, however, to effectively apprehend every attempts of smuggling into Japan by foreign nationals just as Japan is incapable of being held responsible for not being able to prevent smuggling out from Japan of Koreans. Japan thus would not comply with the Korean demand for forceful repatriation, but I think the Japanese side will be able to promise that they would not send those Koreans to north Korea. In this connection, I feel that the Japanese side might be able to give a written assurance to the Korean side with some rewording on the Korean proposal on the matter.

Kim

:
The repatriation in the case of the Korean detainees is not "repatriation" but "deportation". International precedence regarding deportation shows that the deporting state may send the deportees in accordance with their nationality and addresses before their departure for the smuggling. The nationality of those detainees now at issue is the Republic of Korea and their addresses before their smuggling into Japan were in Korea, and I can hardly understand how the Japanese side is going to justify the reason for its sending these Koreans to north Korea. Deportation in itself means; a forceful repatriation. If Japan is to stick to its so-called non-forceful repatriation principle, they should release those Koreans in Japan since those Koreans prefer to remain in Japan. If they are to deport any of them, their destination cannot be any other place than the Republic of Korea. If Japan has any sincerity toward the settlement of the issues between the two countries, Japan should accept our proposal on this matter, and I hope you will strongly advise Ambassador MacAfthur to persuade the Japanese side into accepting our proposal.

Dowling

:
I can understand your reasoning, but I hope you will reconsider the Japanese position. I would like to talk with you more on these matters, and I am wondering whether we could meet again at the Seoul Country Club at 4:00 p.m. on Thursday so that we may have a frank exchange of views while playing golf together.

Kim

:
If nothing urgent come up until that time, I will be very pleased to meet you there.
If Your Excellency approves my meeting Amb. Dowling next Thursday at the Country Club, I will do so. I would be most grateful if Your Excellency gives me instructions as to what subjects to talk with and what specific points to sound out from him.

Most respectfully,