Tokyo, 14 February 1951

The Korean Diplomatic Mission in Japan presents its compliments to the Diplomatic Section of General Headquarters, supreme Commander for the Allied Powers, and has the honor to refer to the latter's note of Jan. 11, 1951, concerning the liquidation of the property of the Korean Railway Employees' Mutual Aid Association with its head office in Seoul.
The Diplomatic Section is informed that this Mission finds itself unable to acquiesce with the former's basic viewpoint upon the liquidation of the subject Association in its reply. Hence the assets belonging to this Associations as was detailed in this Mission's note of November 22, 1950, are in no way connected with the legal title thereto of Japanese Government or people, as they are not vested, excluding from No.33 Ordinance by the United States Army Military Government in Korea (USAMGIK).
Firstly, in view of the fact that the subject assets are combined with the vary public benefit which above Association promotes for its object and that the members, whether Korean or Japanese, not only have no divisible claims to those assets, but also no claims thereto for repayment of the member dues they paid, according to Article 9, Chapter 2 of the regulations of this Association, it is ri htfully indicated that the judgment of the SCAP authorities concerning the ownership of properties of the members is considered to be contrary to the legal nature of the subject assets and status of those members.
Secondly, in the light of the fact that the members have no several right (Selbatnutzige Rechte) to such Association, but mutual-beneficial right, receiving benefit therefrom within the limits granted
To the Diplomatic Section, General Headquarters, Supreme Commander for the Allied Powers, Tokyo. by the regulations, and that this right of all the Japanese members (1%) has lapsed on their resignation after August 15. 1945. When they received their retiring pensions, it is to be pointed out that such inurement by the Diplomatic Section of assets to the benefit of the members, revivifying the above lapsed mutual-beneficial right into seceral right (selbstnützige rechte), is contrary to the general principle of Equity as well as the benefit or status a such members as Provided for in the regulations.
It would be, therefore, highly appreciated if the Diplomatic Section should make a re-examination of its decision on the subject assets upon which this Mission is unable to agree.