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The Normalization of Relations between Japan and the Republic of Korea

Published online by Cambridge University Press:  28 March 2017

Shigeru Oda
Shigeru Oda*
Affiliation:
Tohoku University, Japan
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Extract

After two decades of hate and antagonism following the war, Japan and the Republic of Korea (hereinafter referred to as the ROK) took a step towards amicable relations, with the signing of the normalization treaty and related documents on June 22, 1965, in Tokyo. The suspicion existed among Koreans, however, that normal relations would again bring the ROK under Japan’s economic and political domination. On the other hand, the opposition party in Japan found it unfeasible at that point for Japan to select from the divided nation of Korea the ROK as its friend. Overcoming opposition within both their parliaments, the Governments of Japan and the ROK each succeeded in securing the majority necessary to ratify these documents. The instruments of ratification were exchanged in Seoul on December 18, 1965.

Type
Research Article
Information
American Journal of International Law , Volume 61 , Issue 1 , January 1967 , pp. 35 - 56
Copyright
Copyright © American Society of International Law 1967

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References

1 Only the Treaty on Basic Relations has an authentic text in English, 4 Int. Legal Materials 924 (1965). Other important agreements for ratification of both parties are Agreement on the Settlement of Problem concerning Property and Claims and on the Economic Co-operation, Agreement on the Art Objects and Cultural Co-operation, Agreement on the Legal Status and the Treatment of the Nationals of the Republic of Korea Residing in Japan, and Agreement on Fisheries. In addition to these agreements, twenty other documents were signed on the same date. The English translation of the agreements appears at 4 Int. Legal Materials 1128 (1965), and 5 Hid. IIl (1966). The English text of all the relevant documents, prepared by the Ministry of Foreign Affairs of Japan, is published in The Japanese Annual of International Law, Vol. 10 (1966).

2 Protocol Concluded between Japan and Corea on Feb. 23, 1904, Art. I, 1 A.J.I.L. Supp. 217 (1907); Agreement between Japan and Korea, signed Aug. 22, 1904, Art. III, Ibid., at 218.

3 Ministry of Foreign Affairs (ed.), Nihon Gaiko Nenpyo narabini Shuyobunsho (Chronicle of Diplomacy and Diplomatic Documents of Japan) 1840-1945, Vol. I, p. 239.

4 Agreement between the United Kingdom and Japan, signed at London, Aug. 12, 1905, Art. in . 1 A.J.I.L. Supp. 15, 16 (1907).

5 The Peace of Portsmouth, Sept. 5, 1905, Art. II . Ibid, at 17, 18.

6 Agreement between Japan and Corea signed Nov. 17, 1905, by which Japan Assumed Charge of Foreign Relations of Corea. Ibid, at 221.

7 Agreement between Japan and Corea, signed at Seoul, July 24, 1907, relating to the Internal Administration of Corea. Ibid, at 397.

8 4 A.J.I.L. Supp. 282 (1910). This treaty was signed on Aug. 22, 1910, and brought into force on Aug. 29, 1910.

9 The Cairo Conference, Nov. 22-26, 1943. Statement Issued Following the Conference of President Roosevelt, Generalissimo Chiang Kai-shek and Prime Minister Churchill. 6 Documents on American Foreign Relations 232, 233 (1943-44); 38 AJ.I.L. Supp. 8, 9 (1944).

10 l3 Dept. of State Bulletin 137 (1945).

11 Japanese Government, Documents concerning the Allied Occupation and Control of Japan, Vol. 1: Basic Documents, p. 33.

12 The foreign ministers of the three Powers at the Moscow Conference in December, 1945, agreed to establish a joint commission of U. S. and U.S.S.E. representatives to assist in the formation of a provisional Korean Government. See Report of the Meeting - of the Ministers of Foreign Affairs of the Union of Soviet Socialist Republics, the , United States of America and the United Kingdom, at Moscow, Dec. 27, 1945, 20

13 U.N. Treaty Series at 259, 284.

14 Documents on International Affairs 1947-1948, pp. 680-696. “U.N. General Assembly Res. 112 (II), Nov. 14, 1947.

15 Yearbook of the United Nations 1947-48, pp. 282-284

16 Survey of International Affairs 1947-1948, p. 323.

17 U.N. General Assembly Res. 195 (III), Dee. 12, 1948.

18 20 Dept. of State Bulletin 59 (1949).

19 Yearbook of the United Nations 1948-49, pp. 290-291

20 Agreement between the Commander-in-Chief, United Nations Command, on the one hand, and the Supreme Commander of the Korean People's Army and the Commander of the Chinese People's Volunteers, on the other hand, concerning a Military Armistice in Korea. 47 A.J.I.L. Supp. 186 (1953).

21 SCAP Memorandum on Governmental and Administrative Separation of Certain Outlying Areas from Japan, Jan. 29, 1946. Japanese Government, Documents concerning the Allied Occupation and Control of Japan, Vol. 2: Political, Military and Cultural, p. 24.

22 136 U.N. Treaty Series 45; 46 A.J.I.L. Supp. 71, 72 (1952).

23 E.g., Statement of the Prime Minister in House of Councillors, 50th Sess., Plenary Meetings, No. 8 (Nov. 19, 1965), p. 13; Statement of the Minister for Foreign Affairs, House of Councillors, 50th Sess., Plenary Meetings, No. 5 (Oct. 16, 1965), p. 12; House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 8 (Nov. 1, 1965), p. 5.

24 See House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 8 (Nov. 1, 1965), p. 8.

25 The history of the over-all talks between Japan and the EOK is described in various governmental publications of Japan.

26 Ministry of Foreign Affairs, On the Agreements between Japan and the BOK (in Japanese), November, 1965, p. 3.

27 Ministry of Foreign Affairs of the EOK, On the Agreements between the EOK and Japan (in Korean). A summary in Japanese of this document is printed in Sekaishuho (World Events Weekly), Vol. 46, Nos. 16, 17, 18 and 20.

28 E.g., House of Representatives, 48th Sess., Standing Committee on Foreign Affairs, No. 7 (March 19, 1965), p. 6; House of Councilors, 50th Sess., Plenary Meetings, No. 8 (Nov. 19, 1965), pp. 8 and 19. However, the Director of the Treaties Bureau stated that the only treaty which lost its effect on the independence of the EOK was the Treaty Annexing Korea to Japan. House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 10 (Nov. 5, 1965), p. 2. In the Japanese view, all agreements concluded prior to the annexation in 1910 became invalid either when the conditions provided therein were accomplished prior to 1910 or when the Treaty Annexing Korea came into force in 1910. E.g., Statement of the Minister for Foreign Affairs, House of Councillors, 50th Sess., Plenary Meetings, No. 5 (Oct. 16, 1965), p. 12.

29 Ministry of Foreign Affairs, On the Agreements between Japan and the EOK (in Japanese), November, 1965, p. 4.

30 Tripartite Conference in Moscow, Declaration on Austria, Oct. 30, 1943. 38 A.J.I.L. Supp. 3, 7 (1944).

31 Statement of the Prime Minister of the BOK in the Parliament of the BOK on Aug. 8, 1965. A summary in Japanese of important statements by Korean officials at their Parliamentary session is printed in Chuo-Koron, 1965, No. 12.

32 Ministry of Foreign Affairs, On the Agreements between Japan and the BOK (in Japanese), November, 1965, p. 4.

33 Ministry of Foreign Affairs of the BOK, On the Agreements between the BOK and Japan, referred to in note 27 above. See, in addition, the statements by “Vice Minister of Foreign Affairs of the BOK in the Parliament of the BOK on Aug. 9 and 10, 1965.

34 Statement of the Minister of Foreign Affairs of the EOK in the Parliament of the EOK on Aug. 8, 1965.

35 House of Councillors, 50th Sess., Plenary Meetings, No. 8 (Nov. 19, 1965), p. 14; House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 3 (Oct. 26, 1965), p. 4.

36 House of Representatives, 50th Sess., Plenary Meetings, No. 4 (Oct. 15, 1965), p. 13; House of Councillors, 50th Sess., Plenary Meetings, No. 8 (Nov. 19, 1965), p. 8.

37 E.g., Statement of the Prime Minister, House of Councillors, 50th Sess., Special Committee on Korean Problems, No. 5 (Oct. 28, 1965), pp. 10-11.

38 E.g., House of Representatives, 48th Sess., Standing Committee on Foreign Affairs, No. 9 (March 26, 1965), p. 6. See statement of the Minister for Foreign Affairs, House of Representatives, 50th Sess., Plenary Meetings, No. 5 (Oct. 16, 1965), p. 19.

39 House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 5 (Oct. 28, 1965), pp. 11-12.

40 E.g., Statements of the Prime Minister, House of Councillors, 50th Sess., Plenary Meetings, No. 8 (Nov. 19, 1965), p. 22; House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 6 (Oct. 29, 1965), pp. 2, 16, 18.

41 This letter is published at House of Representatives, 50th Sess., Plenary Meetings, No. 13 (Dec. 1, 1965)0, p. 3.

42 Statement of the Prime Minister of the ROK of Aug. 10, 1965, in the Parliament of the ROK.

43 E.g., Statements of the Prime Minister of Japan, House of Representatives, 50th Sess., Plenary Meetings, No. 3 (Oct. 13, 1965), p. 2; No. 5 (Oct. 16, 1965), p. 21; House of Councillors, 50th Sess., Plenary Meetings, No. 5 (Oct. 16, 1965), p. 6.

44 See note 41 above.

45 Japanese Government, Documents concerning the Allied Occupation and Control of Japan, “Vol. 1: Basic Documents, pp. 91, 107.

46 Military Governor of Korea, Ordinance No. 33: “Vesting Title to Japanese Property within Korea. See Yamashita, “Title Claim to Japanese Property in Korea,” 2 The Japanese Annual of International Law 38, 39 (1958).

47 Initial Financial and Property Settlement between the Government of the United States of America and the Government of Korea, Seoul, Sept. 11, 1948. See Yamashita, op. cit. note 46 above, at 40.

48 136 U.N. Treaty Series 45; 46 A.J.I.L. Supp. 73 (1952). Korea is one of the areas referred to in Art. 2 of the Peace Treaty.

49 See Yamashita, op. cit. note 46 above.

50 8 The Japanese Annual of International Law 146 (1964). Art. 4 (a) of the Peace Treaty provides as follows: “Subject to the provisions of paragraph (b) of this Article, the disposition of property of Japan and of its nationals in the areas referred to in Article 2, and their claims, including debts, against the authorities presently administering such areas and the residents (including juridical persons) thereof, and the disposition in Japan of property of such authorities and residents, and of claims, including debts, of such authorities and residents against Japan and its nationals, shall be the subject of special arrangements between Japan and such authorities… . “

51 E.g., House of Representatives, 40th Sess., Standing Committee on Foreign Affairs, No. 9 (March 7, 1962), p. 14.

52 E.g., House of Representatives, 38th Sess., Standing Committee on Budgets, No. 10 (Feb. 2, 1961), p. 12. Art. 14 (a) of the Peace Treaty provides, inter alia, as follows: ” 2 . (I) Subject to the provisions of sub-paragraph (II) below, each of the Allied Powers shall have the right to seize, retain, liquidate or otherwise dispose of all property, rights and interests of '’ (a) Japan and Japanese nationals, ” ( b ) persons acting for or on behalf of Japan or Japanese nationals, and '’ (c) entities owned or controlled by Japan or Japanese nationals, which on the first coming into force of the present Treaty were subject to its jurisdiction. … '’ (IV) The right to seize, retain, liquidate or otherwise dispose of property as provided in sub-paragraph (I) above shall be exercised in accordance with the laws of the Allied Power concerned, and the owner shall have only such rights as may be given him by those laws.'' Cf. the judicial decision of the Tokyo District Court on Feb. 25, 1963 (9 The Japanese Annual of International Law 162 (1965)), and the judicial decision of the Tokyo High Court on Jan. 30, 1965.

53 Press conference of the Prime Minister of the EOK on Oct. 24, 1961.

54 House of Representatives, 43rd Sess., Standing Committee on Budgets, No. 2 (Jan. 29, 1963), p. 16.

55 Art. 1, par. 1. See First Protocol; Exchange of Notes concerning the Details for the Implementation of the First Protocol; Exchange of Notes concerning the Implementation of the Provisions of Article I, Paragraph 1 (b) of the Agreement; and Exchange of Notes concerning the Joint Committee provided for in Article I, Paragraph 2 of the Agreement.

56 Statement of the Minister of Economic Planning of the EOK in the Parliament of the EOK on Aug. 5, 1965.

57 Statement of the Minister for Foreign Affairs of Japan, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 4 (Oct. 27, 1965), p. 6.

58 Art. 2, par. 1. See Art. 4(a) of the Peace Treaty. See also Agreed Minutes regarding the Agreement (I), par. 2 (g).

59 Art. 2, par. 3.

60 Art. 3.

61 Exchange of Notes concerning the Extension of Private Commercial Credits.

62 E.g., Statement of the Minister for Finance, House of Representatives, 48th Sess., Standing Committee on Foreign Affairs, No. 10 (March 27, 1965), p. 22.

63 Art. 2.

64 Art. 3.

65 The Cairo Declaration, note 9 above: ‘ ‘ The aforesaid three great powers, mindful of the enslavement of the people of Korea, are determined that in due course Korea shall become free and independent.” The Potsdam Declaration, note 10, above: “ 8 . The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.“

66 At the end of 1938, Korean residents in Japan numbered 800,000. A number of Koreans were brought to Japan thereafter, mainly as laborers.

67 Director of the Civil Affairs Bureau, Circular Notice concerning Nationality and Family Registration Pursuant to the Coming into Force of the Treaty of Peace (Civil Affairs A, No. 438), April 19, 1952. See Tameike, “Nationality of Formosans and Koreans,” 2 The Japanese Annual of International Law 55, 57 (1958). The view of the administrative branch as reflected in the circular notice above was endorsed by the Supreme Court in its decision of April 5, 1961. See 8 The Japanese Annual of International Law 118 and 153 (1964). The Director of the Immigration Bureau indicated that Korean residents in Japan were deemed to hold double nationality between Aug. 15, 1948 (the date of independence of the EOK), and April 28, 1952 (effective date of the Peace Treaty with Japan). House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 10 (Nov. 5, 1965), p. 3.

68 Art. 1. See Agreed Minutes regarding the Agreement.

69 Art. 2.

70 Art. 3. See Agreed Minutes regarding the Agreement

71 Art. 4. See ibid. Art. 5.

72a Under the Immigration Control Order, Art. 22, the Minister for Justice may give permission for permanent residence only in a case when he deems that the applicant alien's behavior is good, that the alien has property or ability enough to make an independent livelihood, and that the alien's permanent residence will be in accord with the interests of Japan.

73 Imperial Ordinance No. 207 of 1947, which was made effective by Law No. 125 of 1952.

74 Statement of the Minister for Justice on Feb. 23, 1950; Ministry of Justice, Civil Affairs A, No. 617, March 6, 1950.

75 House of Councillors, 48th Sess., Standing Committee on Judicial Affairs, No. 10 (March 18, 1965), p. 7. A similar view was stated by the Prime Minister, House of Representatives, 50th Sess., Plenary Meetings, No. 7 (Oct. 21, 1965), p. 6.

76 The uniform view of the government disclosed on October 26, 1965. See Statements of the Prime Minister, the Minister for Justice and the Director General of the Cabinet Legislative Bureau, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 4 (Oct. 27, 1965), pp. 19-25.

77 The exact figure of Korean residents in Japan at the end of January, 1965: “Chosen“—349,407; EOK—230,072. See Statement of the Minister for Justice, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 7 (Oct. 30, 1965), p. 6.

78 Statement of the Minister for Justice, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 10 (Nov. 5, 1965), p. 6. See also Statement of the Minister for Justice at a press conference on June 22, 1965.

79 House of Representatives, 48th Sess., Standing Committee on Foreign Affairs, No. 7 (March 19, 1965), p. 14.

80 See Oda, International Control of Sea Resources 25 (Leyden, 1963), and the works referred to therein.

81 Ibid, at 27.

82 326 Japanese trawlers were seized and 3,904 Japanese fishermen detained by the authorities of the EOK during the period beginning in 1948

83 Arts. 2, 3 and the Annex, and the Agreed Minutes regarding the Agreement,

84 Art. 4.

85 Art. 5.

86 Art. 1, par. 1.

87 Exchange of Notes concerning the Straight Base Line for Fishing Zones of the EOK, June 22, 1965. Four straight baselines are the following: (1) closing line of the mouth of bay by a straight line connecting the tips of Changgigap and Talmangap; (2) closing line of the mouth of bay by a straight line connecting the tips of Hwaamchu and Pungwolgap; (3) straight lines connecting in order the respective southern extremities of 1.5-Meter Am, Sangdo, Hongdo, Uyoam, Sangbekdo and Komundo; (4) straight lines connecting in order the respective western extremities of Soryongdo, the Sogangnyolpido, Ochongdo, Jikdo, Sangwangdungdo and Hoengdo (the Anma Islands).

88 Exchange of Notes concerning the Fishery Zone of the EOK, June 22, 1965. The Notes read: “ A s a provisional measure, the waters enclosed by the lines delimiting the fishery zone to be established by the Republic of Korea and the following lines shall for the time being be treated as part of the fishery zone of the Republic of Korea. (1) Straight lines connecting in order the intersection of 33°48'15” North Latitude and 127°21’ East Longitude, the intersection of 33°47'30” North Latitude and 127° East Longitude and the point 12 nautical miles due east of Udo. (2) Straight line connecting the intersection of 33°56'25” North Latitude and 125°55'30” East Longitude and the intersection of 33o24'20” North Latitude and 125°56'20” East Longitude.”.

89 Art. 1, par. 2.

90 House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 6 (Oct. 29, 1965), p. 27; House of Councillors, 50th Sess., Special Committee on Korean Problems, No. 8 (Dec. 2, 1965), p. 45.

91 Art. 7.

92 Art. 9.

93 E.g., Statement of the Prime Minister, House of Councillors, 49th Sess., Plenary Meetings, No. 2 (Aug. 9, 1965), p. 12; Statement of the Minister for Foreign Affairs, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 3 (Oct. 26, 1965), p. 5.

94 House of Representatives, 49th Sess., Standing Committee on Budgets, No. 2 (Aug. 4, 1965), p. 24.

95 Ibid. at p. 25.

96 House of representatives, 50th Sess., Special Committee on Korean Problems, No. 3 (Oct. 26, 1965), p. 5.

97 Statement of the Minister of Foreign Affairs of the ROK on Aug. 5, 1965, in the Parliament of the ROK.

98 Statement of the Prime Minister, House of Representatives, 50th Sess., Plenary Meetings, No. 4 (Oct. 15, 1965), p. 12; Statement of the Minister for Agriculture and Forestry, House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 4 (Oct. 27, 1965), p. 6.

99 The dispute over the title to the Takeshima Islands is analyzed in several works published in Japanese. See, especially, Kawakami, Takeshima no Rekishi-Chirigakuteki Kenkyu [Historical and Geographical Studies on Takeshima] (Tokyo, 1966).

100 House of Representatives, 40th Sess., Standing Committee on Foreign Affairs, No. 27 (April 27, 1962), p. 6; House of Representatives, 41st Sess., Standing Committee on Budgets, No. 2 (Aug. 21, 1962), p. 8.

101 Ministry of Foreign Affairs of the EOK, On the Agreements between the EOK and Japan, note 27 above.

102 Statement of the Minister of Foreign Affairs of the EOK on Aug. 9, 1965, in the Parliament of the EOK. ins Statement of the Minister of Foreign Affairs of the EOK on Aug. 10, 1965, in the Parliament of the EOK.

102 House of representatives, 50th Sess., Plenary Meetings, No. 3 (Oct. 13, 1965), p. 1.

103 House of representatives, 50th Sess., Plenary Meetings, No. 4 (Oct. 15, 1965), p. 7; House of Councillors, 49th Sess., Standing Committee on Budgets, No. 2 (Aug. 9, 1965), p. 12.

104 House of Representatives, 49th Sess., Standing Committee on Budgets, No. 2 (Aug. 4, 1965), p. 19; House of Councillors, 49th Sess., Standing Committee on Budgets, No. 2 (Aug. 9, 1965), p. 11.

107 As to the statement of the Minister for Foreign Affairs, see House of Representatives, 50th Sess., Special Committee on Korean Problems, No. 4 (Oct. 27, 1965), p. 13; House of Councillors, 50th Sess., Special Committee on Korean Problems, No. 5 (Nov. 26, 1965), p. 13.