THE GAIMUSHO

Tokyo, March 4, 1959.

Excellency,
In reply to your letter of February 14 addressed to Prime Minister Kishi, I have the honour to state, by his request and on his behalf, as follows:
Prime Minister Kishi deeply regrets that the nature of the question of the voluntary return of Korean residents in Japan to the northern part of Korea and the true intentions of the Japanese Government in dealing with this matter are greatly misunderstood by the Government and people of your country.
This is fundamentally the matter pertaining to the voluntary exit of alien residents, which is handled as a routine in other countries as well as in Japan without any question. It has come to our knowledge that among the Korean residents in Japan there are a number of individuals who want to return to and live in the northern part of Korea. The position that the Japanese Government would like to take is nothing more than to respect their free will, just as in other cases, and not to interfere with the departure of those who apply for it. While the Japanese Government has not been unaware of the views the Korean Government has been expressing on this matter, the difficulty lies in that the Japanese Government could not interfere with the voluntary departure of those who apply for it, from the standpoint either of universally accepted principles or of domestic law. The above-mentioned position of the Japanese Government in dealing with matters of this kind is not the one newly taken in this case, nor is its application limited to Koreans. On the contrary, it is a general principle applied to all cases when any alien residents in Japan want to leave Japan for foreign countries, regardless of the destinations they choose, be it any country or any place. With reports and petitions indicating that a number of Korean residents in Japan want to leave Japan in order to settle down in the northern part of Korea, it has become an urgent necessity for the Japanese Government to dispose of procedural matters. For this reason it has reaffirmed and decided to follow its previously established general position. It has also taken steps, as a special measure for the present case, to ask for the cooperation of the International Committee of the Red Cross, which is an impartial and neutral international organ, in confirming the free will of these individuals, lest this matter should be entangled with political problems.
In short, the Japanese Government 's position in dealing with this matter being merely not to interfere with voluntary exit of individuals, it is also free for them to stay in Japan, just as they have heretofore, if they themselves so choose. In other words, it is entirely contrary to facts that the Japanese Government is contemplating to expel Korean residents in Japan ; the Japanese Government is not going to impose on them illegal or unjust treatment against universally accepted principles or domestic law in any respect. On the contrary, if the Japanese Government should prevent their voluntary exit, it would put the Japanese Government in a position undefendable both morally and legally. On the other hand, the Japanese Government 's decision does not mean any change whatsoever in its established policy of non-recognition and non-assistance toward north Korea. Nor it is intended to encourage or give assistance to the repatriation to the northern part of Korea. It could not, therefore, be construed as an attempt for hostile or unfriendly action against the Korean Government.
Freedom to choose one's own place of residence is a principle that has been observed not only by Japan but also by other free countries. As you know, the exchange of war prisoners at the time of the conclusion of the Korean Armistice Agreement was carried out in accordance with this principle. It was also according to this principle that during the occupation of Japan the repatriation of Korean residents to Korea, north or south, was planned and executed by the Allied Headquarters. At the Geneva talks between the United States And Communist China a few years ago, the same principle was confirmed by the United States Government respecting the return of Chinese residents in the United States to Communist China.
If free countries were to take steps contrary to this universally accepted principles based upon fundamental human rights, would it not be that they destroy for them selves one of their own fundamental tenets and the very cause of liberty and democracy to which the free world is committed? Then would it not cause an obstacle for free nations to attain the free exit of those persons under communist rule who desire to move to free territory?
As has been repeatedly pronounced, the Japanese Government is anxious to resolve the pending issues and normalize relations between Japan and the Republic of Korea, which is recognized by the majority of the members of the United Nations as having the only lawful Government in Korea, so that the two countries may work together and contribute to the peace and prosperity of Asia. I would like to take this opportunity to reassure to Your Excellency that this basic policy toward the Republic of Korea would not be changed in the least in the future.
The suspicions or allegations such as that the Japanese Government does not want peace with Korea, it is attempting to expel Korean residents from Japan, that the Japanese Government 's recent decision is to infringe upon the sovereignty of the Republic of Korea, constitute hostile action against Korea or impose illegal or unjust treatment on Korean nationals in Japan and that it is injuring the cause of the free world are all against the true intentions of the Japanese Government and contrary to facts. I hope Your Excellency will understand it in the light of what have been set forth above in detail.
If the decision on the part of the Japanese Government is causing misunderstandings on the part of the Korean Government with respect to various points such as mentioned above, it is most regrettable for us, and the Japanese Government is prepared further to talk over the matter with the Korean Government in order to remove such unnecessary misunderstandings.
It is sincerely hoped that the nature of the present question and the true intentions of the Japanese Government will be rightly understood by the Government and people of the Republic of Korea with unbiassed and calm judgement.
I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Aiichiro Fujiyama Minister for Foreign Affairs of Japan