(Record No.15)
RECORD OF THE PROCEEDINGS OF THE COMMITTEE ON VESSELS
The 21st meeting of the "Committee on Vessels was held on 17th of December 1951 at the Japanese Ministry of Transportation.
In reply to the Korean side's question about why the Japanese side excluded sunken vessels which were registered in Korea as of 9 August 1945 from the Japanese side's "List of Korean Registered Vessels", the Japanese side stated that those vessels totally lost before 9 August 1945 were no more vessels but wrecks as of 9 August 1945. In other words, if vessels were totally lost before 9 August 1945, they had presumably lost their registry as of 9 August 1945. The Japanese side also stated that they excluded those vessels which ceased to exist physically at the time of compiling the list.
The Korean side replied to the above Japanese side's view that those vessels, whether totally lost or not, registered once in Korea are deemed "Korean Registered Vessels" as of 9 August 1945, unless registry of such vessels were transferred to Japan before 9 August 1945.
Next, the Japanese side explained about the scope and foundation of agenda (c) which is as follows: The five vessels, namely Kisen-Maru(3,081 G/T), Kankyo-Maru (2,933 G/T), Tenko-Maru(2,222 G/T), Anjo-Maru(882 G/T) and Sakurajima-Maru(1,281 G/T) which were owned by the former Korea Mail Steamship Company, were sent to Korea on loan basis during the period from November 1945 until January 1946 by order of the SCAJAP to the CMMC, then operator of the said five vessels. This action was taken in reply to the request of the United States Army in Korea who realized the dire demand for adequate bottoms for emergency movement of Korean domestic cargo. The Japanese Government, therefore, still has legally the title of the five vessels, and the possession of title to the said five vessels is legally confirmed by SCAPIN 7010-A and CPC Memorandum 095 dated 15 February 1950. In this view, they requested the Korean side to submit the following data:
(1) Present status of the five Vessels
(2) Steps taken by the Korean Government for maintaining the status of vessels quo as of date of loan.
(3) Date and method of their delivery
(4) Opinion of the Korean Government concerning settlement of usage or disposition of fruits yielded from the Korean use of the vessels
In reply to the above Japanese side's question, the Korean side stated that the said five vessels were registered in Korea as of 9 August 1945, and thus these vessels are included in the scope of vessels indicated in the SCAPIN 2168. Therefore, they opposed the return of the said five vessels, and added that they do not see the necessity of answering to the Japanese side's question about the maintenance and disposition of fruits of these vessels, because title to the five vessels was transferred to Korea in accordance with the Korean Vesting Decree before the issuance of the SCAPIN 2168.
The Japanese side stated that the words "notwithstanding previous memoranda" in SCAPIN 2168 indicates memoranda concerning the reorganization plans of Japanese companies in possession of certain of these Korean Registered Vessels only, and not indicates memoranda concern Return of Vessels. Also, SCAPIN 2168 had instructed the "Delivery of Vessels in Japan", and therefore, the said five vessels are not included in the scope of said SCAPIN, since the five vessels are presently in Korean waters. Consequently, title to the five vessels are still remaining in Japan.
Japan:
Korea: