Tokyo, September 11, 1959

Draft Agreement Between the Republic of Korea and Japan Governing the Repatriation to the Republic of Korea of Korean Residents in Japan and Their Legal Status and Treatment, in Japan
Whereas the Republic of Korea and Japan recognize the necessity to affirm the nationality of Koreans residing continuously in Japan since the date of the termination of hostilities of the Pacific War or since prior thereto;
Whereas the two countries recognize that it is necessary to take special measures to assure that they can freely repatriate to the Republic of Korea ; and
Whereas the two countries realize that it is desirable to fix the legal status and 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
(1) The Republic of Korea and Japan confirm that the Korean residents in Japan are nationals of the Republic of Korea.
(2) The Republic of Korea and Japan recognize the validity of the results effected, at any time before the coming into force of the present Agreement, by the application of laws of either Contracting Party with respect to the personal status of Koreans and Japanese in relation to each other.
Article 3.
(1) In case that Korean residents in Japan repatriate to the Republic of Korea after the coming into force of the present Agreement, they shall be free to take away, without any restriction, 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.
(2) The procedural matters for taking away the said properties and the types of the properties to be taken away shall be arranged separately.
Article 4
The repatriates prescribed in the preceding paragraph may remit to the Republic of Korea the funds they own, including the proceeds from their properties in Japan, without any restriction upon the amount of such funds. The procedural matters for remittance of such funds shall be arranged separately.
Article 5
(1) With regard to those Korean residents in Japan who wish to repatriate to the Republic of Korea within two years after the coming into force of the present Agreement, the Government of Japan agrees to pay compensation for their repatriation to and resettlement in the Republic of Korea and to provide necessary facilities for the above repatriation. The above period of "two years" may be extended upon mutual consultations between both contracting parties, in consideration of the circumstances at the time of expiration of the said period.
(2) Articles 3 and 4 shall also be applicable to the repatriates under the preceding paragraph.
(3) The procedural matters for organising and implementing the repatriation under the present article shall be arranged separately.
Article 6
(1) In case that any Korean resident in Japan submits application to the Japanese Government for permanent residence, the Japanese Government shall grant permission therefor. In this case, none of the provisions of the Japanese laws governing aliens in general in relation to conditions, procedures and fees for granting permanent residence shall be applicable.
(2) After the coming into force of the present Agreement, the authorities concerned of the Republic of Korea and Japan will consult with each other on the deportation of any Korean resident in Japan who has been granted permission for and is entitled to permanent residence under the preceding paragraph, relating to such matters as are required for the enforcement thereof.
Article 7
(1) The Korean residents in Japan shall be entitled to the rights on property enjoyed by them in Japan at the time of the coming into force of the San Francisco Peace Treaty which aliens in general are not entitled to enjoy, as long as they reside continuously in Japan.
(2) The Korean residents in Japan shall be entitled to engage in the occupation (except occupation of public officers) followed by them at the time of the coming into force of the San Francisco Peace Treaty which aliens in general are not permitted to follow under the provisions of the Japanese laws, as long as they reside in Japan continuously.
(3) Korean residents in Japan shall be accorded the treatment equal to that accorded to Japanese nationals, with respect to education, economic activities, and social security and welfare.
Korean residents in Japan establish and manage educational institutions of various grades and types.
Article 8
The present Agreement shall be ratified by both Contracting Parties in accordance with their respective constitutional procedures, and the instruments of ratification shall 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 : ___