On may, 1958, this draft was orally rended to His Excellency the President by Vice-Foreign Minister Kim
Approved by His Excellency. Formal recommendation was submitted on the same day.
GUIDING PRINCIPLES FOR NEGOTIATIONS AT THE FOURTH KOREA-JAPAN CONFERENCE
General Rules - I
1. We should be very careful lest we should reveal the ultimate intention of the Government on any issue at the Conference.
2. We should do our best to fathom real intention and true motive of the Japanese on any issue. Let them talk first.
3. We should not be trapped, consciously or unconsciously, into delaying tactics or deviation from proper agenda.
4. Our negotiators, of course, should act in accordance with government instructions. But they should be positive enough at the same time to recommend to the Government on their findings and observations so that the Government map out a proper course of negotiation.
5. Our negotiators including the whole members of the Mission should make constant efforts to research data for negotiation, particularly on claims question. They should be ready to find out on the spot necessary files which would be the basis of our assertion at the Sub-Committee on Korean Claims.
GUIDING PRINCIPLES .FOR NEGOTIATIONS AT THE FOURTH KOREA-JAPAN CONFRENCE
Committee on Legal Status of Korean Residents in Japan - I
1. (Starting point of negotiation) It is recalled that both sides almost drafted a joint draft agreement on Legal Status of Korean Residents in Japan on April 1, 1952. It is now obvious, however, that even our draft proposal of April 1, 1952 is never satisfactory and practicable to meet the present circumstances, particularly as the said draft stipulated, in a few points, time limits during which the Japanese Government is restrained from taking arbitrary measures. Therefore, the said draft should not be a starting point of negotiation. Moreover, we are not bound by our proposal of April 1, 1952, in view of the Agreed Minutes of December 31, 1957 in which sub-agenda items were stipulated especially for agenda item "Status and Treatment of Korean Residents".
2. (Nationality and permanent residence) It goes without saying that the whole Koreans in Japan who have been residing in Japan since prior to World War II are nationals of the Republic of Korea without exception, and are to be granted permanent residence in Japan. This is an irrevocable position of our Government. But our negotiators at this committee should start its work on the assumption that the Japanese side has already admitted these things. Never ask these questions to the Japanese on our own initiative.
3. (Initial move - deportation) Annexed Understanding of December 31, 1957 stipulated, "... including arrangements for the acceptance of deportees,..." In our interpretation, these words at least imply that the Japanese Government will not deport unilaterally those Koreans of pre-war category. If Japan promises to grant permanent residence to Koreans of prewar category as it did in the previous conferences, it is logical conclusion that Japan cannot deport them unilaterally. "Permanent residence subject to arbitrary deportation" is not worth "permanent residence" in any means.
Additional clause, May 20,1958
4. Our negotiators are confidentially informed that the Government is planning to request a sort of compensation to be paid to those Korean residents in Japan who have been forcibly brought to Japan as conscripted laborers. In this regard, please refer to Item V of our proposal dated February 21, 1952 concerning Principles of the Draft Agreement on the Disposition of Property Claims between the Republic of Korea and Japan (to repay ... the Japanese pbligations to the conscripted Korean laborers and other claims of Korean
nationals or other claims of Korean nationals or its juridical persons to the Government of Japan ...) In discussion of the issue of legal status of Korean residents in Japan, our negotiation are accordingly required to bear in mind the above points which the Government has in mind.
GUIDING PRINCIPLES FOR NEGOTIATIONS AT THE FOURTH KOREA-JAPAN CONFERENCE
Sub-Committee on Vessel - I
1. (Nature of question and scope of vessels to be dealt with) We take the view that the "vessel question" is nothing but one of the Korean claims against Japan. There is no room for Japan to expand unduly agenda at the sub-committee on vessel. The problems of Japanese (fishing boats) which have been confiscated by our Law or the problems of Korea-Japan navigation must not be subject for discussion at this sub-committee. Korea and Japan have some other various vessel questions which are beyond the province of the Korea-Japan overall talks (for instance, question of wrecked vessels, etc.), but those questions should be settled through the routine diplomatic channel and not by the present conference.
2. (Not donation but right) For return of vessels to Korea, we are demanding by the right we are entitled to. We will never accept the Japanese donation of vessels, as it suggested in the previous conference, regardless of tonnage of vessels.
3 (Sub-agenda of sub-committee) We have no objection to the proceeding of the sub-committee on the basis of the same four sub-agenda items A, B, C and D, which have been previously adopted. But our negotiators should keep in mind that the main task of the sub-committee is to settle the questions of Agenda items A and B.
4. (Priority of discussion) At the sub-committee, discussion should go first with Agenda item A. Agenda item B should be discussed after complete settlement of Agenda item A. Agenda items C and D must not be taken up before the settlement of questions in Agenda items A and B.
5. (Category of vessels in our list) Our list of vessels which fall under agenda item A include (1) vessels that Japan admitted falls under this category; (2) ones whose whereabouts we know exactly; (3) ones that we know are in Japan but without having information of whereabouts; (4) ones that are presumed to have been carried away to Japan after August 9, 1945; (5) ones that are not located in Korean waters but of which we have not information about their whereabouts. This classification is for confidential information for our negotiators.
6. (Initial move at negotiation for Agenda item A) Negotiation for Agenda item A should be conducted as follows;
a. Ask the Japanese side as to whether it will present a list additional to the one that it presented to us in the previous conference. Press the Japanese side for presenting a final and last list of vessels which it is ready to return to us.
b. If the above negotiation has been done, present to the Japanese side of a group of essels (consisting of 20 to 30), of which about seventy per cent is from category (1) and about thirty percent from (2),(3),(4),(5) and pressing the Japanese side for answering whether it is ready to deliver them.
GUIDING PRINCIPLES FOR NEGOTIATIONS AT THE FOURTH KOREA-JAPAN CONFERENCE
Sub-Committee on Korean Claims - I
1. (Agenda priority) It is considered that agenda items at this sub-committee are divided into two parts: a) return of Korean art objects and b) other claims. That is why our side originally proposed to set up a sub-committee on Korean art objects. "Other claims" should be discussed after a satisfactory settlement of "return of Korean art objects", because the latter question has been already taken up for settlement since the days of the preliminary talks.
2. (Initial move on return of art objects) In discussion of return of Korean art objects, the following principles should be observed:
1) At the opening of the first session of the sub-committee, request the Japanese side to present to our side a full list of Korean art objects, which it is ready to return to us, in addition to those 107 and 489 objects. It is the Japanese side that should first declare what Korean art objects it is possessed of Never hand our list of Korean art objects in Japanese possession before we (Government) confirm that the Japanese side has presented a final and last list of the objects which it is prepared to deliver to us.
2) Our negotiators' move at next stage will be instructed later. But our negotiators are confidentially informed that after the foregoing negotiation has been done, we will present our list of those objects which are not included in the Japanese list. Even in that case, we will not hand to the Japanese the list of whole objects that we prepared.
3. (Research by delegates on art objects) Our delegates, especially expert on art objects, should make constant efforts to study our list of art objects in Japanese possession, inquiring into value of objects, year of production, when and how they were taken away from Korea, etc., and report from time to time to the Government.
4. (Art objects privately owned) Our negotiators should bear in mind that the Government intends to pursue not only those Korean art objects in the Japanese Government possession but also ones privately owned by Japanese nationals or organizations.
5. (Definition of Korean art objects) The meaning of "Korean art objects" has been already defined in the previous instructions to the Mission PS/9
ITEM 5 PS/9 (dispatched by cable FT-006, Feb. 10, 1958)
4. "Korean art objects" mean all classical books, art objects in narrow sense, curios and other national treasure. As for the range of time of removal from Korea of Koean art objects, our position is that the Japanese Government should turn over to us all those art objects taken away from Korea since 1950