REPORT ON THE SUB-COMMITTEE FOR VESSELS
(Second Day)
(The committee met at 02:00 P.M. in the building of the Japanese Ministry of Transportation. In this meeting, the following matters were discussed, but without any agreement reached between two sides.)
EXCHANGE OF PROPOSED AGENDA
The Korean side handed its proposed agenda to the Japanese at the end of the first meeting of the committee, and the Japanese side handed its proposed agenda to the Korean at the beginning of this meeting.
The agendas proposed by each side are as follows:-
KOREAN
1. Organization of the conference
2. (a) Execution of SCAPIN No.2168 dated 11 September 1951.
(b) Return of vessels located in Korean waters on or after August 9, 1945.
JAPANESE
1. Return of 5 vessels which were loaned to Korea.
2. Return of fishing vessels which have been interned by the Republic of Korea.
MAIN POINTS OF DISCUSSION
Japanese :
Would you explain about your proposed agenda ?
Korean :
It will be useless to explain about 2 (a) of the proposed agenda, whereas the Japanese Government was instructed by SCAPIN 168 to return those vessels which were registered in Korea as of 9 August 1945 to the Government of Republic of Korea, and accordingly to make arrangements with the Korean Government for the delivery of the vessels under the reason that all the vessels which were of Korean registry on 9 August 1945 rightfully fell within the scope of the Korean Vesting Decree and were thereby included in those assets transferred by the United States Army Military Government in Korea to the Republic of Korea in accordance with the terms of the Agreement between the Republic of Korea and the United States of America on Initial Financial and Property Settlement signed on 11 September 1948.
As for 2 (b) of the proposed agenda, the legal ground is the same as for 2 (a) and SCAP suggested by its Note that the claims on 2 (b) of the proposed agenda should be made directly to the Japanese Government.
Japanese:
It is unreasonable to use the term "Execution of SCAP instruction and so on" as an agenda of the conference between the Republic of Korea, a sovereign nation and Japan, which will resume its sovereignty soon. If the so-called execution of SCAP instruction is everything in this conference, it could be no agenda on this table.
In view of SCAP's conflicting policy and the ambiguous meanings of the SCAPIN 2168, we sould like to suggest to reexamine all the problems relating to SCAPIN 2168, at this committee under the agenda "Discussion on vessels registered in Korea" or Discussion on all the problems relating to SCAPIN 2168".
As for 2 (b) of your proposed agenda, we are not ready to express our opinion towards the terms of the Korean Vesting Decree and other agreements concerned.
(Here they requested some copies of the Korean Vesting Decree and other agreements concerned.)
Korean:
You may well use your own phrasology as you like, but the exact meanings of the SCAP instruction (2168) must not be missed in the terms of the proposed agenda.
Japanese:
Then we will give our opinion on the agenda you proposed, at next meeting.
Japanese:
May we explain about our proposal for agenda ? As for 1., the five (5) vessels were loaned to U.S. Military authorities in Korea in compliance with SCAP instruction, but have not yet been returned up to this time, The title to the aforementioned vessels(5) is rightfully owned by the Japanese Government.
Korean:
Considering the above mentioned five vessels had been regstered in Korea, it is natural that they should fall rightfully within the scope of the vessels provided in the SCAP instruction (2168). I wonder, therefore, if your proposal is to be involved in our own proposal for agenda.
Japanese:
We do not take SCAPIN 2168 in such a meaning. There are some SCAP memoranda other than the memoranda approving reorganization plans of Japanese comapnies in possession of some Korean registered vessels: that is, some SCAP memoranda which are still effective in spite of SCAPIN 2168, in acquiring ownership of some Korean registered vessels by the Japanese Government or its nationals.
Korean:
You are quite different from us in taking the SCAP instruction. But if so, we are ready to examine such SCAP instruction.
Japanese:
We will make copies of such memoranda for your reference.
As for 2. of the proposed agenda, an explanation will be gven to you by the Chief of Marine Section, Office of Marine Industry at next meeting.
(The meeting was closed with the agreement that the agenda would be finally discussed about at next meeting. The committee is scheduled to meet again at 02:00 P.M., November 5, 1951)