Translation
No.116/ASN
NOTE VERBALE
The Ministry of Foreign Affairs presents its compliments to the Korean Mission and, referring to the latter's Note Verbale PKM-200 dated July 7, 1958, has the honour to state as follows:
1. It is true that on the 6th inst. the Japanese Government decided to parole 26 Korean illegal entrants now detained at Omura Immigration Center out of the humanitarian spirit of averting an imminent danger to human life. The decision was duly notified, along with the reasons therefor, by Mr.Itagaki, Director of the Asian Affairs Bureau, to Mr. Yiu Tai Ha, Deputy Chief of the Mission, who visited the Ministry on July 6 at the fomer's instance. On the occasion of the Japan-Korea Working Committee of July 8, the matter was fully explained by the Japanese side for the second time.
In accordance with the said decision, the Immigration Bureau of the Ministry of Justice is now in the process of (a) deposition of the bond paid by the prospective parolees, and (b) investigation into the reliability of the guarantors which are required for the Implementation of the same decision; upon completion of such preliminaries the individual detainees will be paroled successively subject to certain restrictive conditions in respect to their residence and the scope of movements and with the obligation of reporting to the competent authorities periodically.
2. While the Mission's note under reference asserts that the present decision would constitute an infringement of what was agreed on between the two countries at the conclusion of their Preliminary Talks of December 31, 1957, it is the conviction of the Japanese Government, whose views are explicated hereunder, that it will entail no violation of the agreement reached between them.
Under the "Memorandum of Understanding between the Government of Japan and Government of the Republic of Korea regarding Measures on Koreans detained in Japan end on Japanese Fishermen detained in Korea " signed on December 31 last year, it is obligatory on the Korean Government to "accept the deportation of Korean illegal entrants." This clause was incorporated in the same Memorandum with the view to affirming in a positive provision the Korean Government's obligation of taking over such illegal entrants, in consideration of the fact that the deportation to the Republic of Korea of Korean illegal entrants had been at a standstill on account of the persistent refusal by the same Government to take over such illegal entrants since May 1955. Therefore, this clause should not be construed as stipulating the obligation on the part of the Japanese Government for transferring all of the illegal entrants to the Korean Government. Examination of the relevant records of the Preliminary Talks as per attached sheets will bear witness to the pertinency of the Japanese interpretation of the Memorandum.
3. Therefore, whereas the Korean side has made a demand upon the Japanese side, at the Japan-Korea Working Committee which has held thirteen sessions since January 7 this year, for deportation of the 93 Korean nationals who were detained at Omura Immigration Center at the time of signing of the agreement between the Japanese and Korean Governments on December 31, 1957 and who have expressed a desire to return to North Korea, such a demand should properly be regarded as a demand made from the political standpoint, but not as one based on the right which may be exercised in virtue of the agreement.
The Japanese side, having due regard to the political stand of the Republic of Korea, afforded those detainees sufficient time to reconsider calmly their determination of returning to North Korea, on the assumption that they might possibly alter their minds with a subsequent change in the situation. At the same time, the Japanese side entertained an ardent hope to solve this question, along the lines desired by the Korean side if possible, upon their changing of their original determination.
However, the subsequent development of the matter hes proved the reverse of what the Japanese side had anticipated. After the lapse of about half a year, all of the detainees, with one exception, have not even shown any sign of desisting from their original intention, but, confirmed further in their resolve, and persist in returning to North Korea.
Moreover, since June 26 this year, they went to the length of staging a mass hunger-strike under the slogans of "Immediate Release" and "Repatriation to North Korea " which they would not call off in spite of much persuasion by the Japanese authorities concerned. Eventually on, July 5, the matter came to such a serious pass that if it be left to take its own course it would probably lead to the loss of life.
As the immediate step to cope with this urgent situation, the Japanese Government decided to release on Parole, under the supervision of the Ministry of Justice, 26 detainees who had been under detention in Japan for more than three years and thereby dissuaded the detainees from carrying on the strike. As already mentioned over and over again, this action was taken from a purely humanitarian standpoint.
The Japanese Government wishes to add that since the development of the question has taken a direction contrary to its expectations and brought in a complete change in the situation, it is desirable for the two nations to act in concert and in all sincerity to approach and solve the problem from an entirely new angle.
4. It is further added for the Mission's information that the list of 1,259 persons who were under detention at Omura and Hamamatsu Immigration Centers as of the date or the coming into force of the agreement Between the Governments of Japan and the Republic of Korea, which was handed to the Korean Delegation at the meeting of the Japan-Korea Working Committee held on January 27 1958 is not that of deportees to Korea, but plainly that of detained Korean illegal entrants as clearly stated on the said list.

Tokyo, July 21, 1958.