December 10, 1959

TO : His Excellency the President
FROM : Vice-Foreign Minister
SUBJECT : Observation and Recommendations Delegation's work for draft JOINT COMMUNIQUE and Agreed Minutes on Korean residents issue, etc. (References Ambassador Yiu's report MTB-303)
I. OBSERVATION
In the JOINT COMMUNIQUE and Agreed Minutes prepared between our Delegation and the Japanese side, following points are to be noted:
1. The core of the matter is the payment of compensation to us by the Japanese Goverment. However, the Delegation makes no concrete report on the progress of the confidential arrangement, possibly with U.S. intermediary, with regard to fixed amount or method of assurance for payment.
2. In the previous draft, it was provided for in item b), paragraph 1, that the Japanese Government will "provide necessary facilities and convenience for their Korean residents repatriation." The inclusion of such a paragraph would have had the effect of encouraging those who are allegedly desirous of going to the Communist north to change their mind, for there is shown the wide way to repatriation to the Republic of Korea. It in viewed that the Japanese side would have interposed no serious objection to it. Yet, it is deleted from the final drafts.
3. According to the Agreed Minutes, the property of the Korean residents in Japan is to be respected. There is no reason to interpose a particular objection to the wording as above. But this paragraph does not settle anything.
4. In the Agreed Minutes, there appears a clauses: "Negotiation will be made on deportation criteria." It is our contension that any deportation procedures concerning Korean residents in Japan should be governed by principles different from those governing other alinens in Japan, namely, those provided for in Japanese domestic laws. When drafting the agreed documents of December 31, 1957 our side insisted on dropping, and succeeded in so doing, the words "deportation criteria," which now reappear in the Agreed Minutes.
5. In the concluding sentence of the Agreed Minutes, it in provided that "Both Governments will conclude ... an agreement on the basis of the principles as set forth in 1 and 2, above." Thus, it gives the impression as if the two items would be main points of discussion at THE COMMITTEE ON Korean Residents, excluding others. This might restrict our scope of activities in the future with regard to the problems of Koreans in Japan.
6. If the Agreed Minutes is to be released, it might give the impression as if something had been achieved on this matter. However, unlike the Joint Communique, the Agreed Minutes, in view of its nature, is not to be released. The Agreed Minutes as it is does not seem profitable nor harmful to our side. However, a careful examination reveals that there is a possibility that our liberty of future strategy would be considerably narrowed down.
II. RECOMMENDATION
On the basis of the above observation, it is humbly recommended for Your Excellency's approval that the Ministry instruct Ambassador Yin and our Delegation in Tokyo by the attached draft cable to renegotiate with the Japanese side the contents of the proposed documents.

Most respectfully,