Agreed Minutes to the Agreement on the Legal Status and Treatment of Nationals of the Republic of Korea Residing in Japan between Japan and the Republic of Korea.

National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Agreed Minutes to the Agreement on the Legal Status and Treatment of Nationals of the Republic of Korea Residing in Japan between Japan and the Republic of Korea.

[Notes] Quote from the United Nations Treaty Collection: "Translation by the Government of Japan. The Secretariat also received an English translation of this agreement from the Government of Republic of Korea which on certain points differs from that provided by the Government of Japan. At the request of the Government of Republic of Korea, these differences have been shown by printing in italics the pertinent word of phrase in the translation of the Government of Japan and providing in square brackets the corresponding expression in the translation by the Government of the Republic of Korea."

The representatives of the Governments of Japan and the Republic of Korea have reached the following understandings concerning the Agreement on the Legal Status and the Treatment of the Nationals of the Republic of Korea Residing in Japan between Japan and the Republic of Korea signed today:

1. For the purpose of certifying that a person who applies for permission for permanent residence in accordance with the provisions of paragraph 1 or 2 of the Article has the nationality of the Republic of Korea

(i) Such person shall produce his passport or a certificate in lieu thereof, or shall submit a written statement that he has the nationality of the Republic of Korea; and

(ii) The competent authorities of the Government of the Republic of Korea will reply in writing in case the competent authorities of the Government of Japan make inquiries in writing.

2. For the purposes of paragraph 1 (b) of the Article, "a person falling under (a)" will [shall] include a national of the Republic of Korea residing in Japan since August 15, 1945 or a date prior thereto, continuously until the time of his death.

1. For the purposes of (b) of the Article, "his official premises" are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used as embassy or legation (including the residence of the diplomatic envoy).

2. The Government of Japan will [shall], when it intends to deport a person falling under (c) or (d) of the Article, take into consideration the composition of his family and other circumstances from a humanitarian standpoint.

3. The Government of the Republic of Korea will, in accordance with [shall, at the request of] the request of the Government of Japan, co-operate in accepting a person who is to be deported from Japan under the provisions of the Article.

4. It is the policy of the Government of Japan that, when deportation procedures are taken with respect to a person qualified to apply for permission for permanent residence in accordance with the provisions of Article I of the Agreement, it will, taking into account that should he be given permission for permanent residence he shall not be deported from Japan unless he falls under either of (a) through (d) of Article III, withhold the enforcement of his deportation:

(i) in case he has already applied for permission for permanent residence, until decision is given on his application; or

(ii) in case he has not applied for permission for permanent residence, until whether or not he intends to apply is confirmed, and in case he applies, until decision is given on his application.

1. In accordance with the laws and regulations, the Government of Japan will [shall], when nationals of the Republic of Korea who are given permission for permanent residence in Japan in accordance with the provisions of Article I of the Agreement wish to enter a public primary or secondary school of Japan, take such measures as it deems necessary so that such entra{sic}ce may be permitted, and will [shall], when they finish a secondary school of Japan, recognize their qualification for applying for higher schools of Japan.

2. The Government of Japan will [shall] have for the time being the present livelihood protection for the nationals of the Republic of Korea who are given permission for permanent residence in accordance with the provisions of Article I of the Agreement continued.

3. The Government of Japan will [shall] take such measures as it deems necessary in order to insure under the National Health Insurance the nationals of the Republic of Korea who are given permission for permanent residence in Japan in accordance with the provisions of Article I of the Agreement.

4. When the nationals of the Republic of Korea who are given permission for permanent residence in Japan in accordance with the provisions of Article I of the Agreement (including persons who are qualified to apply for permission for permanent residence) renounce their intention of residing permanently in Japan and return to the Republic of Korea, the Government of Japan will [shall] permit in principle that they may take all their property with them or remit all their funds.

(i) with respect to their taking their property with them, the Government of Japan will [shall], within the scope of the laws and regulations, permit their taking with them their personal effects, household goods and professional tools and equipments, and pay due consideration as much as possible in authorizing their exportation; and

(ii) with respect to their taking with them or remitting their funds, the Government of Japan will [shall], within the scope of the laws and regulations, permit their taking with them or remitting their funds not exceeding ten thousand United States dollars per family at the time of their returning home, and their taking with them or remitting the exceeding amount as the case may be.