SECCIÓN FLOTACIÓN, ESPESAMIENTO Y FILTRADO

When we discuss the status of former empire subjects in Japan, the most important event to date is the 1952 San Francisco Peace Treaty (28/4/1952). Through this, Japan recovered its sovereignty and renounced its overseas territories so that, for instance, in the Japanese government’s view, Korea became independent within international law. At the same time, the Japanese government circulated a circular (Minji Ko -438, 19/4/1952) which explained and gave internal effect, inside Japan

to the renunciation of the former territories which made non-Japanese empire subjects aliens in Japan. Strictly speaking, this process of deprivation of the nationality process by the koseki (house registry) system is much more complicated

and meant that the system of dual nationality which prevailed between the United Kingdom and the newly independent countries after the World War II did not occur in Japan, although the possibility was discussed. The idea behind this Japanese decision was stated by Premier Yoshida (29/10/1951, quoted in Tanaka, 1991) so as ‘not to leave an unwanted minority problem for the future'. An alternative interpretation is that the Japanese government wanted to wait for conclusion to bilateral treaties, but the real reason for not offering the former Japanese subjects their choice of nationality is not known.2

2 In his study of the Japanese government policy (Ministry of Foreign Affairs) on San Francisco Peace treaty, Matsuinoto (1988) argues that one of the background of the restoration

A number of important pieces of legislation were enforced one after another around this time: Alien Registration Order in 1947 (revised in 1949), Nationality Act in 1950, Immigration Control Order in 1951 and Law No.126 in 1952. This is often referred to as 'the 1952 regime’ (Onuma, 1986). Koreans and Taiwanese residing in Japan became subject to the Immigration Order 1951 on 28 April 1952, when the Peace Treaty came into effect. However, their status was not as 'permanent residents' as regulated in the order. Instead the provisional Law No.126 (the Law for Disposition of orders under the Ministry of Foreign Affairs based on the Imperial Orders concerning the Orders to be issued in Consequence of the Acceptance of the Potsdam Declaration’ (hereafter Law No.126) was effective. This law gives the continuous effect of the 1951 Order, which was originally enforced as Potsdam provisional Order after 28 April 1952. It states under article 2-6, that Koreans and Taiwanese and their children who were continuously resident in Japan before the surrender could reside in Japan without specifying the status of residence under the Immigration Order, 'until another act is passed', that is, until an agreement was reached between Japan and South Korea/Taiwan. However, the talks between Japan and South Korea were broken off several times, concerning other issues of post-war adjustments, such as war reparations. As a result, the conclusion of the agreement was not reached until 1965, and the status of Koreans was not changed until that time (see, Iwasawa, 1986).

of their original nationality ami encouraging their naturalisation was to 'restrain the activities of Koreans in Japan who were at that time predominantly regarded as Communists' (p.675). See also, footnote 10.

Since the making of Koreans and Taiwanese aliens in 1952 comes the starting point for the area of immigration control and alien registration and the rise of substantial entitlement legislation. The dichotomy of aliens and Japanese was established and at the same time, a 'subtle erasure of history' (Tanaka, 1991:68) took place. In practice, the 'nationality clause’ or ‘koseki clause' in most entitlement legislation

has the function of excluding aliens from its entitlement conditions. This formalistic/legalistic attitude of the Japanese government has been accepted by most people.

An often quoted example is the 'suspension' of the suffrage right in December 1945. The revision of the Election Act of the House of Representatives was proposed to the then Imperial Diet in November. The Minister of Home Affairs, Horikiri, explained the proposal that with the acceptance of the Potsdam Declaration. Korea and Taiwan would soon be detached from the Empire, thereby losing Japanese Nationality, and we should not allow them to participate in elections as imperial subjects. However, he said, ‘until the San Francisco Peace Treaty, they are still regarded as holding Japanese Nationality... therefore until their Nationality is fixed under international law, we shall suspend their suffrage right for the time being...’ (Gikaiseido 70 ncnshi, shiryo-hen, 1960:281). In the ‘additional

clause’ of that Act, it had read : 'if the Koseki Act is not applied, the voting and

eligibility rights to those who it does not refer to, shall be suspended for the time being'.

5.5 The 1965 K yotei eiju (Agreement permanent residence)

As far as Koreans in Japan are concerned, the 1965 Agreement1 was the first time that their status as ‘permanent residents’ was secured, although partially. By way of the Japan-South Korea agreement, Koreans in Japan who applied for ‘South Korean’ nationality, were allowed ministerially ‘agreement permanent resident’ (kyotei eijusha) status, if they were first and second generation (South) Koreans in

Japan and had resided continuously in Japan prior to 15 August 1945. Neither those who were affiliated with North Korea, nor those who came in after 1945 or went back and re-entered Japan, nor those from Taiwan were given this permanent resident status (Yamazaki, 1991). At that time, issues relating to Koreans in Japan were mainly treated as diplomatic (that is, inter-state) issues. A registration period was granted, from 1966 to 1971, and about 250,000 Koreans had achieved this status. However, there were many who were left out or not willing to take this status. By 1989, there were 446,389 permanent resident status holders following this agreement (Homusho, 1991).

Apart from the status itself, the main privileges allowed to these ‘agreement permanent residents' were the application of the National Health Insurance Law, the Livelihood Protection Law, and relaxed conditions of application against deportation.

' Nihonkoku ni Kyojusuru Daikanminkoku kokumin no liotcki chii oyabi taiguni ktmsuru Nihnnkoku ti> Daikanminkoku tono aida no kyotci, 1965 (Agreement between Japan and South Korea on legal .status and the treatment of South Korean Nationals in Japan)