NOTE VERBALE
The Ministry of Foreign Affairs presents its compliments to the Korean Mission, and with regard to the problem of the voluntary return to North Korea of Korean residents in Japan, has the honor to elucidate the position of the Government of Japan as follows:
1. In view of the fact that a number of the Korean residents in Japan have expressed their desire to return to North Korea, the Governments of Japan has been giving careful study to the ways to cope with this situation.
As a result of such study, it has confirmed, at the cabinet meeting of February 13, the principle that this problem should be dealt with in accordance with the internationally accepted concept of the freedom of choice of residence based on fundamental human rights, and, in accordance with this principle, has decided that, asthe first step, the impartial and neutral cooperation of the International Committee of the Red Cross in Switzerland, which has long been expressing a deep interest in this roblem for humanitarian standpoints, be requested in confirming the wishes of individual Korean residents in Japan for the return to North Korea.
2. The Government of Japan hopes that the Government of the Republic of Korea, with an unbiased judgment, would correctly understand the former's views on the nature of this problem and on its decision regarding the ways to deal with it, which are stated below:
(1) The principle that every one has, as fundamental human rights, the right to leave any country, including his own, and to return to his country as well as the right to freedom of movement and residence within the boarders of each state is expressly proclaimed in the Universal Declaration of Human Rights. The decision of the Government of Japan is rightly in conformity with this internationally recognized principle,
(2) From its desire to deal with this matter in a humanitarian and just manner, the Government of Japan has decided to accept the previous offer of the International Committee of the Red Cross and request this impartial and neutral international agency to confirm the will of individuals. The Government of Japan will respect the result of such confirmation by the agency,
(3) The return to North Korea in question is that chosen by the free will of each individual, and is not repatriation by the initiative of the Government of Japan.
The Government of Japan believes that, in case an individual chooses to leave Japan and live in another area by his own free will, it is in accord with the spirit of democracy and is not against humanitarianism to respect such will of the individual, regardless of the political ideology held by the regime which control that area.
(4) Since all that the Government of Japan is going to do is to refrain from preventing the voluntary return of individuals to North Korea, it is needless to say that it does not in any way imply the recognition of the regime in North Korea. Neither could it constitute any violation of the sovereignty of the Republic of Korea nor be an attempt for an unfriendly act toward its Government.
3. As is clarified in the foregoing, the decision of the Government of Japan is based solely on the principle of respect for fundamental human rights, and has nothing to do with political questions. Therefore, it does not mean any change in the basic policy of the Government of Japan to settle the various pending problems with the Republic of Korea and normalize the relations between the two countries;
The Government of Japan would continue its efforts as heretofore, with a view to reaching an early and amicable conclusion of the Japan-Korea overall talks. Such being its position Government of Japan earnestly wishes that the Government of the Republic of Korea will thoroughly understand its true intentions.

TOKYO, February 13, 1959