SUCCINCT STATEMEMT OF FACTS OF THE CASE
(to support our point of claim, if the case is taken up at ICJ )
1. In accordance with Article 2 of the Treaty of Peace with Japan signed at an Francisco on September 8, 1951, Japan recognised the independence of Korea. But this Treaty provided for nothing about those Korean residents in Japan who have been residing in Japan since prior to the termination of World War II and their descendants.
2. According to the Nationality Law of the Republic of Korea, Law No.16, promulgated December 20, 1948, those Korean residents in Japan who are of Korean lineage are nationals of the Republic of Korea.
3. The Governments of the Republic of Korea and Japan started diplomatic talks, on and from October 20, 1951, to discuss for settlement the problems on Korean residents in Japan.
4. After long adjournment of the above overall diplomatic talks, the purpose of which was to settle various problems pending between the two States, the Governments of the Republic of Korea and Japan formally agreed on December 31, 1957, to resume the overall talks on March 1, 1958, though the date was later postponed to April 15, 1958, by the mutual agreement. On the same date (December 31, 1957), Ambassador Yu Talk Kim, Chief of the Korean Mission in Japan, and Mr. Aiichiro Fujiyama, Minister for Foreign Affairs of Japan, respectively, on behalf of the Government of the Republic of Korea and the Government of Japan, signed an Agreed Minutes, which was confidential one, and which inter alia in its Article 3. provided for the problems which should be included in the items to be discussed for settlement at the overall diplomatic talks to be resumed. These problems included Status and Treatment of Korean Residents in Japan. This problem contained three sub-items
a. Statue of Korean residents in Japan ; b. Property right acquired by Korean residents; c. Property to be taken by repatriating Koreans.
5. At the second plenary session of the fourth Korea -Japan overall talks (the overall talks which was resumed on April 15, 1959 was so named) held at the Japanese Ministry of Foreign Affairs on April 22, 1958, both delegations confirmed that the agenda of the Overall talks would be the same as agreed on December 31, 1957 (Japanese Foreign Ministry Press Release Vol. V. No.21, dated April 22, 1959). At the sixth plenary session of the same Overall Talks held on May 6, 1958 at the Japanese Ministry of Foreign Affairs, it was agreed that four Committees should be set up for the smooth operation of the Overall Talks, which included the Committee on Legal Status of Korean Residents in Japan.
6. The first session of the Committee on Legal Status of Korean Residents in Japan was held on May 19, 1958 at the Japanese Ministry of Foreign Affairs. Since that time, the Governments of the Republic of Korea and Japan, through their duly authorized delegations, have discussed on the problems on Korean residents in Japan, with reference to the subjects enumerated in the Agreed Minutes referred to in paragraph 4 of this statement.
7. On February 13, 1959, however, the Japanese Ministry of Foreign Affairs, by its Note Verbable No.20/ASN, notified the Korean Mission in Japan of the decision of the Japanese Government to dispose unilaterally of the problem of Korean residents in Japan, and to entrust the Japan Red Cross with the work of actual implementation of the above decision. Thus the Japan Red Cross signed an agreement on the so-called voluntary repatriation of Koreans in Japan with the north Korean puppet regime's Red Cross Society at Calcutta, India on August 13, 1959.
8. According to Article 6 of the Agreement refered to in the foregoing paragraph, which was later approved by the Government of Japan, the Japan Red Cross Society undertook obligation to dispose of various problems regarding interests of Korean residents in Japan, which could not be well fulfilled without positive help, cooperation or authorisation of the Japanese Government, particularly in view of the character of the Japan Red Cross Society which have been organized by a special law of Japan. Furtheremore, the Government of Japan actually subsidized $360,000 for the Japan Red Cross work. The Japanese National Railway corporation, agency of the Japanese Government, was ordered to render transportation service to the so-called returnees. Furthermore, the so-called Calcutta Agreement under reference provided various matters relating to property right of repatriating Koreans and, particularly, that repatriating Koreans "may take with them up to Yen 45,000 in Japan currency ...." These undertaking of the Japan Red Cross could not be fulfilled without actions of the Government of Japan which should not unilaterally dispose of said matters without discussions with the Government the Republic of Korea, according to Article 3 of the Agreed Minutes dated Dec. 31. 1957.
9. In the overall talks convened after August 12, 1959, it was agreed between the delegations the Republic of Korea and Japan that the problems of Korean residents in Japan were to be discussed with priority over other issues to expedite the settlement of the said problems which the Japanese Government was trying to drop from the agenda items which both sides mutually agreed on.
10. On April 27, 1959, when the spokesman of the Japanese Ministry of Foreign Affairs issued a statement, he said that "this problem [the so-called voluntary repatriation of Koreans] is of a domestic, procedual nature, and, therefore, there is no reason why the Republic of Korea step in and object ...," etc. On the other hand, the Japanese Government agreed, at the 13th plenary session of the overall talks held at the Japanese Foreign Ministry on August 26, 1959, to adopt as agenda items of the Committee on Legal Status of Korean Residents in Japan three problems, namely, a) the problem on those Koreans who choose to settle in Japan ; b) the problem on those Koreans who choose to be repatriated to the Republic of Korea ; and c) the problem on those Koreans who would neither reside in Japan nor be repatriated to the Republic of Korea, if there be any such Koreans.
11. Thus, the Government of Japan is openly removing unilaterally the agenda item which the two Governments formally agreed on and confirmed at later proceedings of the talks in spite of the fact that the negotiation between the two delegations is going on.
The Japanese Government is unilaterally disposing of the problem on those Koreans who would neither reside in Japan nor be repatriated to the Republic of Korea if there be any such Koreans within the scope of the agreed agenda items, in total disregard of its agreement reached with the Government of the Republic of Korea on August 26, 1957. (referred to is paragraph 11 of this statement)