/D R A F T /
Korean Proposal at the Committee on Legal Status of Korean Residents in Japan
(September 6, 1958)
Whereas the Republic of Korea and Japan recognize, as a result of the coming into force of the Treaty of Peace signed at the city of San Francisco, September 8, 1951, the necessity to affirm the nationality of Koreans residing continuously in Japan since the date of the termination of hostilities of the Pacific War or since prior thereto; and
Whereas the two countries recognize that it is desirable to take a special measure as regards the treatment of those Koreans after the affirmation of nationality mentioned above;
The Republic of Korea and Japan have accordingly concluded the present Agreement.

Article 1

In present Agreement, the expression "Korean residents in Japan " shall mean Koreans residing continuously in Japan since the date of the termination of hostilities of the Pacific War or since prior thereto.

Article 2

(1) The Republic of Korea and Japan confirm that Korean residents in Japan are nationals of the Republic of Korea.
(2) The Republic of Korea and Japan recognize the validity of the results effected, at any time before the coming into force of the present Agreement, by the application of laws of either Contracting Party with respect to the personal status of Koreans and Japanese in relation to each other.

Article 3

(1) In case that a Korean resident in Japan submit within two years after the coming into force of this Agreement, an application to the Japanese Government for permanent residence together with a registration certificate issued by the Government of the Republic of Korea, the Japanese Government shall grant permission therefor. In this case, none of the provisions of the Japanese laws governing aliens in general in relation to conditions, procedures and fees for granting permanent residence shall be applicable.
(2) After the coming into force of the present Agreement, the authorities concerned of the Republic of Korea and Japan will consult with each other on the compulsory deportation of a Korean resident in Japan who may have been granted permission for permanent residence under the preceding paragraph, relating to such matters as are required for the enforcement there of.

Article 4

A Korean resident; in Japan shall be entitled to the rights on property enjoyed by him in Japan at the time of the coming into force of the present Agreement which aliens in general are not entitled to enjoy, as long as he resides continuously in Japan.

Article 5

A Korean resident in Japan shall be entiled to engage in the occupation (except occupation of public officers ) followed by him at the time of the coming into force of the present Agreement which aliens in general are not permitted to follow under the provisions of the Japanese laws, as long as he resides in Japan continuously.

Article 6

(1) In the case that any of Korean residents in Japan returns to the Republic of Korea after the coming into force of the present Agreement, neither customs duties nor any other charges shall be imposed him in relation to any movables owned by and taken away with him. The types and quantity of movables to be taken away will be negotiated separately.
(2) The repatriator prescribed in the preceding paragraph may remit to the Republic of Korea the funds he owns through the procedures to be negotiated separately.

Article 7

The present Agreement shall be ratified by both Contracting Parties in accordance with their respective constitutional procedures, the instruments of ratifications shall be exchanged at _____ .
The present Agreement shall go into effect on the date upon which the instruments of ratifications are exchanged.
However, the provisions of Article 4 and 5 shall be applicable, retracting on the date of the first coming into force of the Feace Treaty with Japan signed at the city of San Francisco, 8 September 1951.
IN WITNESS WHEREOF, the representatives of the two Governments, being duly authorized by their reapective Governments for the purpose of this Agreement, have signed the present Agreement.
DONE at Tokyo, this _____ day of _____ nine hundred fifty eight, in duplicate in Korea, Japan and English languages, each text being equally authentic.

For the Government of the Republic of Korea

For the Government Japan