Foreign Relations of the United States, 1952–1954, China and Japan, Volume XIV, Part 2

694.95B1/4–2952

No. 565
Memorandum of Conversation, by the Secretary of State¹

secret

[Washington,] April 29, 1952.

Subject:

• Korean-Japanese Negotiations for a Treaty of Friendship

Participants:

• The Secretary
• Dr. You Chan Yang, Korean Ambassador
• Mr. Pyo Wook Han, Counselor, Korean Embassy
• Mr. J. M. Allison, Assistant Secretary for Far Eastern Affairs
• Mr. A. B. Emmons, 3rd., Officer in Charge, Korean Affairs

Ambassador Yang called on me at 3:45 this afternoon to discuss the progress of the negotiations between the Korean and Japanese Governments, looking toward the conclusion of a treaty of friendship. Ambassador Yang explained that he had just returned from representing the Korean Government at these negotiations in Tokyo, and wished to bring the Department up to date concerning his views on these negotiations. He handed me an Aide-Mémoire, dated April 29, 1952, setting forth the views of the Republic of Korea concerning certain phases of the negotiations (copy attached).²

The Ambassador briefly reviewed the course of the negotiations to date, indicating that general agreement had been reached as to the status of Korean residents in Japan. With regard to the settlement of the status of Japanese vessels of Korean registry present in Korean waters as of August 9, 1945, of which the Korean Government is asking restitution, the Ambassador stated that although the Japanese had offered restitution of only some 6,000 tons, his Government estimated that some 74,000 tons had actually been present in Pusan alone.

The Ambassador pointed out, however, that the main stumbling block concerned the matter of claims, explaining that the Japanese Government had put forward claims to property rights and privileges in Korea which, if accepted, would virtually mean the destruction of Korean sovereignty because of the size and scope of such claims. He recalled that he had addressed a letter on this subject to the Department, dated March 25, 1952. Dr. Yang indicated that the Japanese, furthermore, were demanding not only restitution of such property but also that it be returned in good condition, despite the damage caused by the current hostilities. The Ambassador expressed his belief that were it not for the introduction of these Japanese claims in the recent phase of the negotiations, the other outstanding issues could easily be solved and that a treaty could be signed with a minimum of delay. He insisted that the Japanese claims were completely unwarranted and without foundation and stated that Article 4 of the Japanese Peace Treaty clearly indicated the untenable nature of such claims. Dr. Yang explained that he had urged the Japanese delegation to withdraw these claims and to proceed with the treaty; this they refused to do, and he had therefore been forced to inform the Japanese delegation that further progress on the treaty at this time appeared to be impossible.

The Ambassador stressed the fact that his delegation had entered the negotiations in a friendly and frank spirit and had sought sincerely to work out a fair basis for the conclusion of a treaty. He claimed that the Japanese, however, had not responded in the same spirit and that the introduction of their unreasonable property claims indicated a clear lack of sincerity which largely nullified the value of further negotiation with the Japanese.

The Ambassador went on to point out that while the Korean delegation had initially treated the Japanese property claims as a matter of confidence, there had been continual Japanese leaks to the press concerning it and that of necessity, once made public their claims could not be allowed to stand unchallenged by the Korean Government. He reluctantly had felt impelled, therefore, to issue public statements in refutation of them, although there were other confidential matters regarding the negotiations upon which his delegation continued to maintain silence.

The Ambassador stated that his Government fully appreciated the importance of establishing relations with Japan upon a sound foundation, since both countries are menaced by Communism and both are receiving very substantial United States aid, the objective of which might be vitiated were relations between the two countries allowed to deteriorate. He emphasized, however, that the Korean Government was helpless to proceed in the face of Japanese insistence upon their clearly unfounded property claims.

I emphasized to Dr. Yang the great importance which the United States attached to the establishment of firm and friendly relations between Korea and Japan, and the profound influence which the character of these relations would exercise over the stability of the Far East. I stated that it was most unfortunate that the treaty negotiations had been allowed to become the subject of public contention between the two countries and urged strongly upon Dr. Yang the importance of each side’s refraining from actions which would tend to create an atmosphere in which further negotiations would be difficult or impossible.

I then referred to Dr. Yang’s letter of March 25 concerning Japanese claims and informed him that a reply had been prepared in which the United States clearly took the position that, in view of the provisions of the Japanese Treaty, such claims could not be sustained.³ I pointed out, however, that while this was the case the Department believed that the Japanese claims might properly be considered as relevant in regard to any special arrangements which might be worked out between the two countries dealing with the disposition of property. I suggested that if the claims issue could not readily be resolved in the current treaty negotiations there would be great merit in undertaking discussions on this matter as a separate issue, since I considered it to be most important for Korea and Japan, as soon as possible, to work out a treaty which would provide the basis for a full resumption of normal diplomatic and other friendly relations.

With regard to the fisheries issue, I suggested that a fruitful approach might be for discussions to be conducted on the basis of a conservation treaty rather than upon the establishment on any arbitrary delimitation of high seas areas from which one side or the other would be excluded. Dr. Yang replied that the Korean delegation was prepared to discuss this whole fisheries question with the Japanese in the most friendly spirit and was anxious to reach a mutually satisfactory solution and that he had so stated to the Japanese delegation. The approach which the Korean Government had thus far favored, however, would provide a mutually agreed line drawn in the straits of Tsushima to delimit areas in which the boats of each nation could operate, thus avoiding the possibility of direct conflict between Korean and Japanese fishermen. The Ambassador did not indicate, however, that the Korean Government would insist upon such a formula in any future negotiations on the fisheries question.

Mr. Allison pointed out that naturally the negotiations with the Japanese were being carried on under very considerable difficulty arising from the ill feeling which had inevitably resulted from 40 years of Japanese occupation of Korea. He stressed that for this reason it was all the more important that a treaty of friendship be concluded, at the earliest possible date, which would provide for a sound foundation governing future Korean-Japanese relations. He also urged upon Dr. Yang the desirability of leaving aside for the moment any further discussion of the claims issue, and pointed out that this matter would be susceptible of negotiation at any time and should not be permitted to prejudice the outcome of the present highly important negotiations; in any case, the Korean position would remain strong with regard to the property to which the Japanese Government was laying claim since, as a practical matter, the property was in Korean hands, and, in addition, the Korean Government now had the assurance of the United States that under the terms of the Japanese Treaty the Japanese Government had no sound legal foundation for the position which they had taken with respect to this property. Mr. Allison was of the opinion that an agreement to discuss the matter in the future implied no commitment as to ultimate disposition of this property.

I suggested that in any negotiation it was natural to assume that each side would advance certain claims and counterclaims as a matter of normal bargaining procedure. This did not mean, however, that either side was acting in bad faith or that such claims had to be accepted. I indicated my belief that the present situation might reflect such a maneuver, but that this should not be allowed to disrupt the negotiations on the treaty.

Dr. Yang again remarked that his attitude toward the negotiations had been one of sincerity and fairness and that his delegation had consistently been prepared to meet the Japanese half-way in the negotiations. He still believed, however, that the Korean Government could not afford to ignore the arbitrary action taken by the Japanese in putting forward their unwarranted claims and that little progress could be made unless these claims were withdrawn. Dr. Yang agreed, however, to a suggestion that he discuss the matter further with Mr. Allison and other officers of the Department.

The Ambassador thanked me for this opportunity to express, in a frank and friendly fashion, the views of his Government concerning the treaty negotiations with Japan.

1. Drafted by Emmons.
2. Not printed.
3. See footnote 5, supra.