Tokyo, July 1, 1958

THE GIST OF TALKS 5TH SESSION THE MEETING OF THE COMMITTEE ON LEGAL STATUS OF KOREAN RESIDENTS IN JAPAN
1. Time and place: From 10:30 a.m. to 11:35 a.m. on July 1, 1958, in Room 411 of the Japanese Foreign Office
2. Conferees:
The Korean side : Mr. YIU, Tai Ha
Mr. CHOI, Kyu Hah
Mr. CHIN, Pil Shik
Mr. EA, Chai Hang
Mr. PARK, Young
Mr. HAN, Ki Song
Mr. LIMB, To Kyong
Mr. OHM, Young Dal
Mr. LEE, Won Ho
Mr. ROH, Jai Won
The Japanese side : Mr. Tasusuke Katauno
Mr. Kenta Hiraga
Mr. Shirzo Hasegawa
Mr. Toyokichl Nakagawa
Mr. Minoru Imai
Mr. Kiyoshi Suganuma
Mr. Minao Tsuchiya
Mr. Ken Ikebe
Mr. Uchio
3. The gist of talks:
MR. YIU:
Shall we open the meeting?
MR. KATSUNO:
The Japanese side wants to hear the idea of the Korean side in proceeding with this committee meeting.
MR. YIU:
I came herewith expectation that the Japanese side would present to us its idea in this regard. Now I found that the Japanese aide turned the tables. If the Japanese side presents to us its draft idea concerning the 'arrangements on deportation,' the Korean aids will study it.
MR. KATSUNO:
Generally speaking, we have the immigration law in Japan governing the status, deportation, entry etc. of Japan, All aliens residing in Japan are subject to the provisions of this law, In view of the fact that Korean residents in Japan of pre-war category are placed under special circumstances, if the Korean aide makes any proposal regarding the deportation of Korean residents, the Japanese side will take it into good consideration in applying the said Japanese Immigration Law. The Japanese side requests the Korean side to express its view on the Japanese Immigration Law so that the Japanese side may take into consideration. Since complicated domestic problems are involved in this connection, the Japanese side would like to be informed of the desire of the Korean side so that necessary adjustment of views may be made among Ministries concerned.
MR. YIU:
Soon after the fourth session or this committee was adjourned, I returned to my home country for consultations with my Government, and I exchanged views with officials concerned of my home Government on this matter. As the Japanese side knows well, in view of the special circumstances under which Korean residents in Japan are placed, the Korean side requests the Japanese side to present to us any specific idea or view about the problems regarding deportation of Korean residents in Japan. If the Japanese side does the Korean side will present its own views after thorough study of it.
MR. KATSUNO:
Your remarks are very ambiguous. It would be appreciated if the Korean side expressed its idea or desires more specifically. For instance, as to the deportation of Korean residents in Japan, the Japanese side requests the Korean side to specify categorically what sort of Korean residents would be acceptable by the Korean side in case of deportation.
MR. YIU:
Our understanding is that the problem of deportation of Korean residents in Japan of prewar category should be decided upon consultation of both sides. That is the stand of the Korean sides.
MR. KATSUNO:
What do you mean by saying 'consultation' in your remarks? Does it mean that consultation should be made for each case when deportation cases ariss?
MR. YIU:
What the Korean side really means by saying 'consultation' is that the Korean side is strongly opposed to any unilateral deportation of Korean residents in Japan of pre-war category, and that arrangements should be made by both sides before such deportation. of Korean residents in Japan is made.
MR. KATSUNO:
I have sane questions. In order to make it clear, I would like to point out that these Koreans of post-war category is out of the question at this committee. They should be handled in accordance with the Japanese Law. The only object to be dealt with at this committee is those Koreans of prewar category. Is it correct?
MR. YIU:
The Koreans who smuggled into Japan after the end of World War II are not the object for discussion now.
MR. KATSUNO:
You just mentioned that consultation should be made by both sides when the problem of deportation of Korean residents in Japan arises. Do you mean by saying 'consultation' that deportation problems of Korean residents in Japan should be taken up for consultation case by case?
MR. YIU:
The points you just raised should be discussed at this committee, isn't it?
MR. KATSUNO:
I know that the Korean side has its own problems. So does the Japanese side. I request the Korean side to present to us 'criteria' of accepting deportation of Korean residents in Japan so that the Japanese side may study this problem based on the Korean proposal. As tor the Japanese side, it is the considered opinion that the application of the Japanese Immigration Law in this connection is most proper.
MR. YIU:
Frankly speaking, I think it is ideal if we work out such measures as to allow all Korean residents in Japan to enjoy the peaceful and stabilized life in Japan as long as they like. I desire that the Japanese side should present to us any programme or draft plan specifying the treatment to be accorded to Korean residents in Japan. The Korean side will study such programme if the Japanese side presents.
MR. KATSUNO:
As I pointed out you mentioned 'consultation' just before. Do you mean that consultation should be made of criteria for the deportation of Korean residents in Japan?
MR. YIU:
What I meant by saying 'consultation' is that discussion should be made of the overall problems regarding deportation of Korean residents in Japan.
MR. KATSUNO:
For instance, do you mean that, in the application of the Japanese Immigration Law, every case of deportation of Korean residents in Japan is subject to consultation with the Korean side one by one, whenever it arises?
MR. YIU:
If the Japanese Immigration Law is to be applied regarding the deportation of Korean residents in Japan, there is no need of holding this committee here. We are now on the threshold of discussing a sort of arrangements with regard to 'deportation' of Korean residents in Japan of pre-war
category. Therefore, we would like to discuss about the arrangements at this committee.
MR. KATSUNO:
Though your side referred to 'arrangements' just now, the Japanese side calls it 'criteria' instead. Under the international law and its practices, any sovereign nation has the right to deport any alien who commits crime in accordance with its own law concerned. As to the Korean residents in Japan, the important thing is whether the Korean Government may accept the deportation of such criminal Koreans or not. Therefore, we would like to set criteria in accordance with the Japanese Immigration Law.
MR. YIU:
If the Japanese side insists on enforcing the Japanese Immigration Law with regard to the deportation of Korean residents in Japan, I think it does not make any sense at all to hold this inter-governmental meeting here.
MR. KATSUNO:
The Japanese side cannot but help enforcing the Japanese Imigration Law in this regard. However, it is considered that the operation and application of the Immigration Law can be flexible to some extent in connection with the Korean residents in Japan.
MR. HIRAGA:
We have the Immigration Law governing deportation of aliens in Japan. I believe that any provision of the said law is not contrary to the international law and its practices. Therefore, any problem regarding deportation of Korean residents in Japan should be dealt with on the basis of the Japanese Immigration Law. The Korean side mentioned 'consultation' in deporting Korean residents in Japan. I wonder if the Korean side meant either that deportation of any Korean resident in Japan should be consulted by both sides case by ease whenever such problem arises, or that it desired more flexibility in applying the Japanese Immigration Law in connection with the deportation of Korean residents in Japan, by taking into consideration that they are placed under special circumstances in Japan.
MR. YIU:
I think that the Japanese Immigration Law is enacted in order to govern the overall problems of aliens in general, but with the least consideration that Korean residents in Japan are placed under special circumstances. Therefore, it is not in proper if the Japanese Immigration Law is applied to the Korean residents in Japan unilaterally without taking into consideration their special circumstances. We are now here to discuss the overall problems of Korean residents in Japan. Therefore, I request the Japanese side to present to us its draft idea about the matter. Then, after study over it, the Korean side will present to the Japanese side its view.
MR. HIRAGA:
I don't catch the real meaning of 'consultation'. Since Korean residents in Japan are aliens, it is natural that they are subject to the Japanese Immigration Law. Therefore, I want the Korean side to express what it really wants us to do in applying the said law in connection with the deportation of Korean residents in Japan, or to express its idea specifically in this connection. If there are any illogical or severe regulations in the Japanese Immigration Law in connection with the problem regarding deportation of the Korean residents in Japan, I want the Korean side to point them out, expressing its desire about what should be done if such case arises.
MR. KATSUNO:
I know that in your country, there is also immigration law. As to the deportation of aliens in Japan, the article 24 of the Japanese Immigration Law stipulates subject for deportation of aliens in Japan. I want the Korean side to point out what conditions enumerated in article 24 of the said law are illogical or unreasonable in connection with deportation of Korean residents in Japan.
MR. YIU:
As you know, no aliens of such category as Korean residents in Japan are residing in our country. Therefore, we don't have any similar problem in our country. It is the sincere desire of the Korean side that the special circumstances under which they have to live in Japan should be taken into consideration so as to enable them to live peaceful and stabilized life as long as they like. The Korean side would like to be informed of the draft idea of the Japanese side in this connection.
MR. HIRAGA:
As to the deportation of aliens, the Japanese Immigration Law is not inhumane, but is consistant with the international law and its practices. As I told you before, I want the Korean side to point out what part or provisions of the Japanese Imigration Law are illogical or unreasonable in connection with the deportation of Korean residents in Japan.
MR. YIU:
The Japanese side mentioned the Immigration Law and international law in connection with the deportation of Korean residents in Japan. I don't think that it is constructive opinion for satisfactory settlement of this problem. As I told you before, our desire is to see all Korean residents in Japan lead the peaceful and stabilized life in Japan. I repeat my request again that the Japanese side presents its draft idea first for our consideration and study.
MR. KATSUNO:
I think that the Korean side has its idea in this regard. The Japanese side will not deport any peacefully living good Koreans in Japan. Only malign criminals are subject to deportation. I think the purpose of this committee is to draw a criteria in the application of the Japanese Immigration Law for the purpose of deportation of Korean residents in Japan. We want to decide 'criteria' for deportation of Korean residents in Japan at this committee.
MR. HIRAGA:
Since we have immigration law, there can be no other criteria for the deportation of aliens. If the Korean side raises questions regarding the Japanese Immigration Law in connection with deportation of Korean residents in Japan, the Japanese side will study for its consideration.
MR. YIU:
When I returned to Seoul for consultation, I found that my Government has deep concern over this problem. Taking into consideration the reality we are now facing and the special circumstances under which the Korean residents in Japan are placed, the Korean side wants to make 'arrangements' for the deportation of Korean residents in Japan at this committee. That is why the Korean side requested the Japanese side to present to us its draft idea first. Of course, my home Government is now studying this problem with utmost concern since it is of vital problem to my fellow countrymen. I request the Japanese side to present to us its draft idea for the study of the Korean side.
MR. KATSUNO:
I would like to ask the opinion of the Korean side on each article of the Japanese Immigration Law. For instance, we cannot bargain unless we know on how much you are going to pay for a good. The Immigration Bureau is now under fire because of its too soft policy in connection with the deportation of aliens.
MR. KATSUNO:
It seems that there are some misunderstanding on the part of the Korean side that the Japanese Immigration Law is not reasonable and proper.
MR. CHOI:
Suppose you want to apply your Immigration Law unilaterally, there won't be any necessity of having this sort of international conference.
MR. HIRAGA:
I would like to obtain a copy of the Korean Immigration Law, if available. Through comparative study of both laws, I think I may get some necessary information or reference.
MR. YIU:
In our country, we don't have any special case like Korean residents in Japan.
MR. HIRAGA:
I would like to study the Korean immigration Law, particularly concerning the deportation of aliens in general.
MR. CHOI:
I think you had already obtained copies of Korean Laws through informal route, such as newspapers, magazines, etc.
MR. KATSUNO:
I think you are well versed in article 24 of the Japanese Immigration Law. What do you think of proceeding this committee on the basis of article 24 of the said Law? We will bring 'criteria' of deportation of aliens based on the said law.
MR. YIU:
Don't refer to your own law at this meeting. Your law is nothing but your law. How about presenting to us the draft idea of the Japanese side?
MR. KATSUNO:
The Japanese Immigration Law is the sole grounds in dealing with problems regarding deportation of aliens. We cannot act outside the scope of this law at any case.
MR. HIRAGA:
What do you think of presenting the view of the Korean side on each article of the Japanese Immigration Law governing the deportation of aliens?
MR. YIU:
According to the agreement signed on December 31, 1957, both sides will discuss arrangements for the deportation of Korean residents prior to deportation.
MR. SUGANUMA:
The Annexed Understanding only referred to the basis of Japanese refraining of detaining pre-war Koreans.
MR. CHOI:
My understanding is that overall problems including arrangements for the acceptance of deportees will be discussed and settled at this committee.
MR . YIU:
Referring to the Japanese draft which was submitted by the Japanese aide at the First and Second conferences, I request the Japanese side to present to us its draft idea if any, which should be, I hope, of course, more constructive than the previous one.
MR. YIU
For speedy settlement of this problem, I repeat my request again that the Japanese side presents to us its draft idea.
MR. KATSUNO:
The Japanese side will present to the Korean side its draft idea. Don't be surprised if it is contrary to your expectation. I do believe that the Korean side has its draft idea in this connection.
MR. YlU
Of course, I consulted with my home Government on this problem when I was in Seoul. As those Korean residents were forcibly brought by the Japanese side during the war-time, it is illogical and unreasonble that the Japanese side would like to deport them even if they are no more needed. If the Japanese side presents to us its draft idea we will study it.
MR. KATSUNO:
The Japanese side will present to the Korean side a categorically listed conditions for deportation of aliens.
MR. YIU:
When shall we hold next meeting?
MR. KATSUNO:
How about holding the next meeting at 10:30 a.m. on July 8 1958(Tuesday)?
MR. YIU:
No objection.
MR. KATSUNO:
How about the press release?
MR. YIU:
How about releasing to the press that both sides continued to exchange views in general on the proceeding of this committee?
MR. KATSUNO
No objection.
(The meeting was adjourned at 11:35 a.m. on July 1, 1958.)

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