Foreign Relations of the United States, 1950, Korea, Volume VII

795.00/10–350

Draft Paper Prepared in the Department of the Army ¹

secret
priority

[Washington,] October 3, 1950.

This radio is in two parts:

Part 1—General concept for occupation of North Korea. The purpose of the occupation will be to establish peace and security so that the Koreans themselves may solve the Korean problem. The occupation forces will not impose on the North Korean peoples a complete administration of government. However, it will be necessary to establish a substitute for the central government and also to establish and maintain supervision and controls over Korean de facto provincial and local governments.

Three phases are envisaged in this occupation. The first phase will begin with the fact of occupation and will last until guerrilla activities have been reduced to the point that they are no longer a major concern. The second phase will commence at the end of the first phase and will continue until national elections have been held. The third phase will commence when national elections have been held and the Republic of Korea has assumed responsibility.

During the first phase, conditions of security will be paramount and governmental actions will be limited largely to provision of relief and minimum assistance, the establishment and maintenance of law and order and the initial establishment or reactivation of de facto local and provincial governments. During the second phase, military security will be a matter of secondary concern and normal political and economic activity under the guidance of the United Nations Commission will be encouraged to the utmost. During the third phase, the United Republic of Korea will assume authority and all United Nations troops other than those required for the security of the country will be withdrawn.

It is contemplated that throughout the first phase the Commanding General of the Unified Command of the United Nations will be the supreme authority in North Korea subject only to control by the United Nations and the United States Government as their executive agent. During the second phase the Commanding General will retain complete authority as stated above but will, nevertheless, give the utmost consideration to the advice and recommendation of the United Nations Commission or Commissions so far as they do not interfere with military security. During the third phase the Commanding General will be responsible only for the military security of the forces under his command to the extent that such forces remain in North Korea.

Part 2—Proposed Directive. Quoted below is a proposed directive for your civil affairs activities in North Korea. State has concurred. Request your comments to include not only amendments but additional matters which should be covered.

“1. Purpose

It is the purpose of this directive to prescribe the broad policies which will govern the conduct of your occupation as the United Nations Commander-in-Chief and Military Governor of that part of Korea which lies North of the 38th Parallel (hereafter referred to as “North Korea”).

2. Mission

You will occupy North Korea in the name of and as trustee for the United Nations. It shall be your primary duty to so administer your occupation as to facilitate public order, economic rehabilitation and the democratic mode of life in the area and to prepare the way for the unification of the free and independent Korea.

3. Command

The United Nations, through such agencies as may be designated by it, is the supreme authority over the occupation of North Korea. The Joint Chiefs of Staff of the United States have been designated as the executive agency through which you will receive your instructions and to which you will report. The Joint Chiefs of Staff will issue such interim and emergency instructions and guidance as are necessary in the interpretation or in the absence of the United Nations directives. Within the policies established by the Joint Chiefs of Staff, you will issue such implementary directives and orders as required for the fulfillment of your mission.

4. Relationships

a. The United Nations will establish in Korea one or more agencies to observe, advise and assist in the accomplishment of the United Nations objectives for a unified Korea. You will, to the extent permitted by your mission, give these agencies full cooperation and support and will follow their advice and recommendation so far as possible. You are not, however, subject to their direct jurisdiction.

b. In order to afford the individual nations of the United Nations opportunity to participate in the reconstruction, reorientation and rehabilitation of the area and subject to such controls as will permit you to coordinate their action or as are necessary for reasons of military securement or operation, anthority to enter and operate in the area will be granted by the Joint Chiefs of Staff, subject to your concurrence.

c. While the Republic of Korea has been recognized as the sole legally constituted government in Korea, its sovereignty over that part of the country North of the 38th Parallel has not been generally recognized. Although you are not authorized to recognize such sovereignty, it is desirable that in matters of national scope you consult with the Republic of Korea to facilitate eventual unification.

d. The Department of State will designate the American Ambassador to the Republic of Korea as your political advisor of North Korea in addition to his other duties. He will perform the normal functions of a political advisor with respect to your operations in North Korea.

5. General

All policies set forth hereinafter and all policies which you shall establish shall be so interpreted and implemented as to change as little as possible the conditions which you find when you enter North Korea. Land reform measures, nationalization and socialization of industries and similar matters having a serious impact upon individuals should be left in status quo. Any change should be made by the Korean people themselves after the unification has been accomplished, or on the firm recommendations of the United Nations Commissions. Similarly, your participation in the government of North Korea will be limited to the minimum necessary to assure law and order and tranquility. Any amendments or repeals of laws existing at the time of your entry will be limited to those necessary from the standpoint of military security and the success of your mission, or those recommended by the United Nations Commissions.

6. Governmental Organization

You will dissolve the Democratic Peoples Republic of Korea, its supporting communist party and all other subversive and totalitarian groups inimical to the occupation. You will not create a central government for North Korea other than as a part of your occupational control machinery. It is desirable that, to the extent practicable, native government be retained or reestablished at the local and provincial levels. You are authorized to retain, remove or appoint such officials, either native or United Nations, on all levels of government as you deem desirable and to make such changes in the political organization of the area as best to serve the occupational mission and to facilitate eventual unification.

7. Rights of Individuals

The mere fact that an individual is or was a member of the armed forces of the North Korean government, an official of that government or any local government or a member of any political party will not subject him to prosecution or reprisal and will not, by that reason alone, bar him from office or employment. You will apprehend and hold for trial by appropriate international tribunals, in accordance with the rules and customs of war and the precedents of the war crimes trials in Germany and Japan, all persons who are or may be charged with war crimes or crimes against humanity.

8. Economy

You will supply relief and assistance in goods and services in accordance with your judgment bearing in mind both United States humanitarian purposes and the desirability of dissemination of information through the entire world as to the promptness and effectiveness of United Nations relief. You will coordinate any additional relief, rehabilitation or assistance of other agencies which are authorized to function within the area. In your activities in connection with communications, transportation, health, welfare, reeducation, reorientation, taxation, banking, refugees and in all other proper and pertinent fields of endeavor, you will consult freely with the Republic of Korea, the various United Nations Commissions, and appropriate departments and agencies of the United States.

9. Jurisdiction

You will determine to what extent and for what purposes civilian representatives of United States and United Nations governmental agencies will be subject to North Korea jurisdiction or to the jurisdiction of tribunals established by you. Your determination of these matters will be transmitted to the United Nations for the approval of that body and thereafter all such personnel entering North Korea will thereupon be subject to such jurisdiction.

10. Control Organization

It is desired that so far as it is practicable, your occupational headquarters shall be separated from your tactical command; that it minimize the use of military personnel; that the maximum number of members from all friendly United Nations be utilized; that there be a minimum of United States and Republic of Korea personnel; and that it be susceptible without major reorganization to transfer in toto to a non-military agency, either of the United States or of the United Nations.

11. Re-education and Re-orientation

You will initiate and conduct an intensive re-education and reorientation program designed to establish in the people of North Korea the capability of choosing their own destiny and to expedite the unification of Korea under a freely elected government. This program will make maximum use of United Nations guidance and facilities.²

1. This draft was prepared in the form of a telegram to CINCFE.
2. An amended draft was sent to General MacArthur on October 9, in telegram WAR 93721, not printed, for his guidance and comment. For the final text of the directive as sent to General MacArthur, see telegram 256, October 28, 7 p. m., to Seoul, p. 1007.