Report on the Progress of Negotiation by the Sub-committee on the Legal Status of Korean Residents in Japan

Nov. 20, 1951

I. The Question of Nationality of Korean Residents in Japan
The Japanese representatives stated their opinion that Korean residents in Japan would loose Japanese nationality from the effective date of the Japanese Peace Treaty. The Korean representatives took a different view. However, for the purpose to stabilize the mutual personal status relations, involving the nationals of the two countries, it was finally agreed:
(1) A Japanese, in case by an act pertaining to personal status relations law with a Korean national he or she is caused to be stricken from the census register of Japan, will acquire Korean nationality.
(2) A Korean, in case by an act pertaining to personal status relations law with a Japanese national he or she is caused to be entered in the census register of Japan, will acquire Japanese nationality.
II. The Questions of the Right of Permanent Residence of Korean Residents in Japan.
(1) The Korean representatives contended that those Koreans who have been residing in Japan since before the termination of the war should be granted the right to reside permanently in Japan as a matter of course and without any procedure, whereas the Japanese representatives asserted that such Koreans should be subject, like any other alien, to the application of the Immigration Control Order.
(2) The Korean representatives further contended that, though the Immigration Control Order should naturally apply to the Koreans entering Japan after the war’s ending, those residing in the country since before the war’s ending should be excluded, as hitherto, from the application of pertinent provisions of that Order. Although the Japanese representatives expressed their opinion that the principle that the Immigration Control Order should apply to the Korean residents since before the termination of the war, could not be waived, the question was under consideration as to whether or not there was a necessity for providing any exception, as a transitional measure to the provisions of the said Order regarding the conditions and procedures for permanent residence, and the collection of fees required in applying for permanent residence.
III. The Question of National Treatment of Korean Residents in Japan
The Korean representatives maintained that the Korean residents in Japan had already received the same treatment as the Japanese nationals for six years since 9 Aug., 1945 except in respect of such political rights and duties proper to Japanese nationals as suffrage and that this treatment should, therefore, be continued in the future as well.
With reference to this, the Japanese representatives stated that they had no intention to accord such special treatment to the Korean residents, but that if the Korean side would insist on such treatment they would be willing to confer on the matter at the time of conclusion of a Japanese-Korean treaty of commerce and navigation, provided such treatment is in accordance with the generally accepted international practice and in conformity to the principle of reciprocity. However, the Japanese representatives indicated that with respect to those specific kinds of rights or status, which are either restricted or denied, in the case of aliens, but which are being actually enjoyed by the Korean residents “as Japanese” there was room for considering the adoption of some temporary special measure in order that the Korean might not suffer unduly in this regard through “the loss of Japanese nationality” on their part.
IV. The Question of Disposition and Shipment of Property on Occasion of Repatriation
The Korean representatives desired that, in case of the Korean residents’ evacuation to their homeland, (1) they be allowed free disposition of their property for the sake of repatriation, and no tax be imposed on the property so disposed of, (2) and that no limits be set to the kind, quantity, and value of the baggage of a repatriate and no tax be imposed thereon. The Japanese representatives stated that (1) specific articles such as narcotics should properly be placed under control, and (2) that no smuggling should be committed under the pretext of shipping personal property. On these points the Korean representatives voiced assent. The Japanese representatives further stated that there was yet room for further study regarding this problem as a whole.
V. The Question of Deportation
The Korean representatives stated that, though the provisions pertaining to the deportation of aliens under the Immigration Control Order should not be applied to the Korean residents in Japan, they had no objection to the deportation of those guilty of such vicious crime as of attempting to effect the overthrow of the government by force or violence, when proven in consultation with Korean Government, and that therefore the Korean Government would cooperate in the deportation of such offenders. The Japanese representatives stated that the provisions of the Immigration Control Order, which has been drawn up in accordance with international usage, should apply to the Korean residents as well, but that they had no intention to unjustly limit the residence of bona fide Koreans, and accordingly there should arise no occasion for a mass deportation of Koreans under the said Order. Thereupon, the Korean representatives pointed out that, if so, the enumeration of so may causes for deportation in the Immigration Control Order would seem incongruous.