1965 Korea Japan Claims Settlement Agreement

There are no win-lose scenarios in diplomacy, just win-win. Yoo praises Seoul`s diplomatic successes in 1965, achieved in a difficult national and international situation. From Tokyo`s perspective, various claims from the colonial period between 1910 and 1945 are governed by law, and measures — such as the Supreme Court`s decision last year to commit Japanese companies to pay reparations to war workers — to resume business are simply unacceptable. “The patience with South Korea has ended for many ordinary Japanese,” Rui Matsukawa, the ruling party`s rights activist, said in her personal role on July 24. The 1965 agreement between Korea and Japan, while not perfect, still contains many achievements that can be viewed positively both by history and by the people of today, Yoo believes. 6. The Republic of Korea`s repeated failures to take the necessary steps to establish the arbitration body, that is, the dispute settlement procedure agreed under the agreement, constitute further violations of the agreement, in addition to violations already caused by the series of Judgments of the Supreme Court of Korea last year, as well as by related judgments and procedures. Yoo Euy-chant, diplomat and author of “Diplomatic Propriety – Our Interests With Japan,” says that the 1965 Korea-Japan agreement is an important moment in Korea`s diplomatic history and should be reassessed with all factors in mind. These include the political context of the time, the interpretation of the history of the other party, its willingness to meet, third-party intervention, Korea`s then very weak diplomatic infrastructure and Korea`s economic status at the time. In concluding both the 1965 Treaty on Fundamental Relations between Japan and the Republic of Korea and the 1965 Agreement between Japan and the Republic of Korea on the settlement of property and receivables and economic cooperation, Korea and Japan clearly agreed that two countries “disagreed” on the legality of the 1910 annexation treaty.

This “rejection agreement” is a very special feature of modern relations between Korea and Japan and excludes that the issue of the 1910 annexation treaty be a priority in the interpretation of the 1965 agreement. The Basic Relations Treaty between Japan and the Republic of Korea (韓) (Nikkan Kihon Jayaku); The Korean 한일본조약, 韓條, Hanil Gibon Joyak) was signed on June 22, 1965. It established fundamental diplomatic relations between Japan and South Korea. [1] In fact, the agreement paves the way for the solution. The treaty was the result of the “Korea-Japan Talks,” a series of bilateral talks between South Korea and Japan from October 1951 to June 1965 [citation necessary] to normalize diplomatic relations. A total of seven interviews were held during this 14-year period. [Citation required] First, neither Korea nor Japan has any restrictions on the extent of the claims that were settled by the 1965 agreement. While there are some exceptions to Article 2, paragraph 2, it is clear that the rights of alleged victims were not considered exceptions in the 1965 Convention. In accordance with the general principles of international law on treaty interpretation, any interpretation of the 1965 agreement must conclude that these claims have been settled in a complete and definitive manner.