한일회담(1951~65)과 재일조선인의 국적 문제 ― 국적선택론에서 귀화론으로 ―

Abstract

The issue of nationality of the Korean residing in Japan was one of the important agenda of the Korea-Japan talks. It was a common thought of the South Korean government and Japanese Government that all the Koreans residing in Japan lose Japanese nationality, and acquire Korean nationality. The Japanese government made the Korean resident's Japanese nationality lose simultaneously with the San Francisco Peace Treaty effectuation, not granting the right of option of nationality, and the South Korean government did not make an objection to this measure. The South Korean government which had taken the position that Koreans were maintaining the Korean nationality potentially in spite of the colonial rule by Japan did not accept the right of option of nationality. On the other hand, the Japanese government did not give the right of option of nationality, in order to prevent Korean left-wing influence acquiring Japanese nationality. When the 5th talk began at the end of 1960, a problem whether to grant the right of permanent residence to a Korean descendant residing in Japan became the focus of negotiations. At this time, the Japanese Ministry of Foreign Affairs proposed that it was better to give them Japanese nationality by granting the right of option of nationality rather than granting a permanent residency. The aim of it was to assimilate the descendant of the Koreans into Japan. the Ministry of Foreign Affairs explained that there was sufficient reason granting the right of option of nationality now because that the right of option of nationality used as international practice was not granted to a Korean resident in Japan. Although the Ministry of Foreign Affairs eliminated the right of option of nationality in the past, it raised it again judging that it was effective measures for assimilation. When the Ministry of Justice showed unwillingness that it is difficult to grant the right of option of nationality now, the Ministry of Foreign Affairs proposed that naturalization conditions would be eased to the extent that the same effect as nationality selection is acquired. In this way, in the Japanese government, the policy which assimilates posterity through easing naturalization conditions was established. The South Korean government was maintaining the formal position "grant a permanent residency to posterity", at first. However, it sided with the policy of Japan of assimilating a Korean resident in Japan through naturalization after that. The way of thinking that a legal status problem would be solved by giving a Korean resident Japanese nationality existed early in the South Korean government. In the cabinet meeting in October, 1951 in front of a South Korea-Japan talk, the opinion that the South Korean nationality should be given uniformly, and the opinion that the right of option of nationality should be granted were opposed to each other, and it was decided not to grant the right of option of nationality at last by a presidential decision. It is after the 5th talk that the South Korean government begins to show a positive posture as naturalization = assimilation. However, from the early stages of a talk, the influence which asserts Japanese nationality acquisition already had considerable power in the South Korean government. In the South Korea-Japan talk, South Korea government which asserts better legal status, and the Japanese government which shows it unwillingness were opposed to each other. However, there was also the side in which the both-countries government sympathized and cooperated. It was just it that both countries sympathized in the idea of advancing assimilation through nationality selection or naturalization.