별첨1
Draft Agreement Between the Republic of Korea and Japan Regarding the Repatriation to the Republic of Korea of Korean Residents in Japan and Their Treatment in Japan
Whereas the Republic of Korea and Japan recognize that it is necessary to take special measures to assure that Koreans residing continuously in Japan since the date of the termination of hostilities of the Pacific War or since prior thereto can freely repatriate to the Republic of Korea ; and
Whereas the two countries realize that it is desirable to define the treatment in Japan of the Korean residents in Japan ;
The Republic of Korea and Japan have accordingly concluded the present Agreement.
Article 1
In the present Agreement, the expression "Korean residents in Japan " shall mean Koreans residing continuously in Japan since the date of the termination of hostilities of the Pacific War or since prior thereto, including the descendants of the said Koreans.
Article 2
In view of the special historical background of the Korean residents in Japan, the Japanese Government shall pay compensation, which fund shell be used for the repatriation to and resettlement in the Republic of Korea of those who will repatriate to the Republic of Korea within two (2) years after the coming into force of the present Agreement. The Government of Japan shall also provide necessary facilitles for the above repatriation.
Article 3
Those Korean residents in Japan who repatriate to the Republic of Korea after the coming into force of the present Agreement shall be free to take away, without limitation to the value and quantity, the movable properties owned by them, and neither customs duties nor any other charges shall be imposed upon the said properties when taken away to the Republic of Korea.
Article 4
The repatriates prescribed in the preceding Article may remit to the Republic of Korea the funds they own, including the proceeds from their properties in Japan, without limitation to the amount of such funds.
Article 5
(1) Korean residents in Japan shall be free to reside in Japan as long as they so desire and shall not be subject to deportation without consultation with the authorities concerned of the Republic of Korea.
(2) Korean residents in Japan shall be accorded the treatment equal to that accorded to Japanese nationals except for franchise, as long as they reside in Japan.
(3) Especially with regard to education, Korean residents in Japan shall enjoy the equal treatment as accorded to Japanese nationals. Korean residents in Japan may establish and manage educational institutions of various grades and types.
Article 6
The procedural matters regarding the terms provided for in the present Agreement shall be arranged separately.
Such arrangements shall include inter alia the matters for organizing and implementing the repatriation, the types of properties to be taken away by the repatriates, and the matters relating to deportation of Korean residents in Japan to the Republic of Korea, provided for in the present Agreement.
Article 7
The present Agreement shall be ratified by both Contracting Parties in accordance with their respective constitutional procedures, and the instruments of ratification shell be exchanged at ___.
The present Agreement shall go into effect on the date upon which the instruments of ratification are exchanged.
IN WITNESS WHEREOF, the representatives of the two Governments, being duly authorized by their respective Governments for the purpose of this Agreement, have signed the present Agreement.
DONE at ___ this ___ day of ___ , 1959 in duplicate in Korean, Japanese and English languages, each text being equally authentic.
For the Government of the Republic of Korea : ___
For the Government of Japan : ___