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➀ 日本大百科全書(ニッポニカ)の解説 : ［石本泰雄］
② 日本国と大韓民国との間の基本的関係に関する条約（全文）
>>http://www7a.biglobe.ne.jp/~mhvpip/0817NikkanKihonJooyaku.html …
日韓基本条約
にっかんきほんじょうやく
1965年（昭和40）6月22日に署名され、12月18日に批准書が交換されて発効した「日本国と大韓民国との間の基本関係に関する条約」。1943年のカイロ宣言およびそれを確認した45年のポツダム宣言によって、連合国は第二次世界大戦後の朝鮮の独立を約束していたが、51年のサンフランシスコ講和条約でわが国もこれを承認し、日本と朝鮮の関係の処理は両国の合意にゆだねられることになった。「朝鮮」には、すでに韓国（大韓民国）と北朝鮮が成立していたが、日本と「朝鮮」の関係の正常化はもっぱら「日韓交渉」として行われた。51年9月、連合国最高司令部は在日朝鮮人の地位に関する両国の交渉を促したが、これを機として翌年2月に第一次会談が開かれ、65年の妥結に至るまで、実に15年もの間、中断と再開を繰り返した。この会談はしばしば実質は日米韓三国交渉であったといわれるほど、米国の調停工作が公然と行われた。
条約のおもな内容は次のとおりである。
(1)両国間に外交・領事関係が開設され、大使級の外交使節が交換される（1条）。
(2)1910年8月22日以前に日本と大韓帝国の間で結ばれた条約等はすべて「もはや無効である」ことが確認される（2条）。
(3)韓国は国連総会決議195号に明らかに示されているとおりの朝鮮にある唯一の合法的な政府であることが確認される（3条）。
(4)両国は相互の関係で国連憲章の原則を指針とする（4条）。
(5)貿易、海運、その他の通商関係に関する条約等の締結のため、速やかに交渉を開始する（5条・6条）。
日韓基本条約とともに、両国間では「漁業協定」、「財産および請求権に関する問題の解決並びに経済協力に関する協定」、「在日韓国国民の法的地位及び待遇に関する協定」、「文化財及び文化協力に関する協定」、「紛争解決に関する交換公文」など多くの合意が署名され、両国の関係は「正常化」された。しかし日韓両国ともに国内では反対運動が強く、韓国では与党だけで、日本では自民、民社両党の賛成だけで批准案の承認が行われた。条約の内容の不備と解釈の不統一、南北分断の固定化、対韓経済侵略、軍事同盟志向の強化などが批判された。院外では、1965年11月9日の統一行動には約24万人が参加し、反対運動が高揚した。韓国における反対運動はさらに激しく、8月23日には学生デモ鎮圧のために軍隊が出動し、26日には衛戍(えいじゅ)令を発動したほどであった。［石本泰雄］
条約のおもな内容は次のとおりである。
(1)両国間に外交・領事関係が開設され、大使級の外交使節が交換される（1条）。
(2)1910年8月22日以前に日本と大韓帝国の間で結ばれた条約等はすべて「もはや無効である」ことが確認される（2条）。
(3)韓国は国連総会決議195号に明らかに示されているとおりの朝鮮にある唯一の合法的な政府であることが確認される（3条）。
(4)両国は相互の関係で国連憲章の原則を指針とする（4条）。
(5)貿易、海運、その他の通商関係に関する条約等の締結のため、速やかに交渉を開始する（5条・6条）。
日韓基本条約とともに、両国間では「漁業協定」、「財産および請求権に関する問題の解決並びに経済協力に関する協定」、「在日韓国国民の法的地位及び待遇に関する協定」、「文化財及び文化協力に関する協定」、「紛争解決に関する交換公文」など多くの合意が署名され、両国の関係は「正常化」された。しかし日韓両国ともに国内では反対運動が強く、韓国では与党だけで、日本では自民、民社両党の賛成だけで批准案の承認が行われた。条約の内容の不備と解釈の不統一、南北分断の固定化、対韓経済侵略、軍事同盟志向の強化などが批判された。院外では、1965年11月9日の統一行動には約24万人が参加し、反対運動が高揚した。韓国における反対運動はさらに激しく、8月23日には学生デモ鎮圧のために軍隊が出動し、26日には衛戍(えいじゅ)令を発動したほどであった。［石本泰雄］
日本国と大韓民国との間の基本的関係に関する条約（全文）
(原文は英文で書かれており、日及び韓双方共訳文の齟齬を避ける為に原文で表示)
Agreement Between Japanand the Republic of Korea
Concerning the Settlement of Problems in Regard to
Property and Claims and Economic Cooperation
Article I
1
Japan shall supply the Republic of Korea with:
(a)
Products of Japan and the services of Japanese people, free of charge,
the total value of which will be so much in yen as shall be equivalent
to three hundred million United States dollars ($300,000,000),
at present computed
at one hundred and eight billion yen (\108,000,000,000),
within a period of ten years of the date
on which the present Agreement enters into force.
The supply of products and services each year
shall be limited to so much in yen
as shall be equivalent to thirty million United States dollars ($30,000,000),
at present computed at ten billion eight hundred million yen (010,800,000,000);
when the supply of any one year falls short of this amount,
the remainder shall be added to the amount for the next
and subsequent years.
However, the maximum amount supplied for any one year may be increased
by agreement between the Governments of the High Contracting Parties.
(b)
Long-term and low-interest loans up to so much in yen
as shall be equivalent to two hundred million United States dollars ($200,000,000),
at present computed at seventy-two billion yen (\72,000,000,000),
which are requested by the Government of the Republic of Korea
and which will be covered by procuring the products of Japan
and the services of Japanese people necessary for implementing the enterprises
to be decided upon in accordance with arrangements to be concluded
under paragraph 3 within a period of ten years of the date
on which the present Agreement enters into force.
These loans shall be extended
by the Overseas Economic Cooperation Fund of Japan,
andthe Government of Japan shall take the necessary measures
to enable the Fund to secure the funds for equal annual loans.
The aforesaid supply and loans must serve the economic development
of the Republic of Korea.
2
There shall be established a Joint Committee composed of representatives
of the two Governments as an organ for consultation between them,
with the power to make recommendations on matters
concerning the implementation of the present Agreement.
3
The two Governments of the High Contracting Parties shall take measures necessary for the
implementation of this Article.
Article II
1
The High Contracting Parties confirm
that the problems concerning property, rights, and interests
of the two High Contracting Parties
and their peoples (including juridical persons)
and the claims
between the High Contracting Parties
and between their peoples,
including those stipulated in Article IV(a) of the Peace Treaty
with Japan signed at the city of San Francisco on September 8, 1951,
have been settled completely and finally.
2
The provisions of this Article shall not affect the following
(excluding those which become the objects of special measures
taken by either of the High Contracting Parties
prior to the date of the signing of the present Agreement):
(a)
The property, rights, and interests of the people
of either High Contracting Party who have ever resided
in the territory of the other High Contracting Party
in the period between August 15, 1947,
and the date of the signing of the present Agreement;
and
(b)
The property, rights, and interests of either High Contracting Party
and its people which were acquired or brought under the control
of the other High Contracting Party in the course of ordinary contacts
after August 15, 1945.
3
As a condition to comply with the provisions of paragraph 2 above,
no claims shall be made with respect to the measures
relating to the property, rights, and interests
of either High Contracting Party
and its people which were brought under the control
of the other High Contracting Party on the date of the signing
of the present Agreement,
or to all the claims of either High Contracting Party
and its people arising from the causes
which occurred prior to that date.
Article III
1
Any dispute between the High Contracting Parties
concerning the interpretation or the implementation
of this Agreement shall be settled primarily through diplomatic channels.
2
Any dispute which cannot be settled under the provision of paragraph 1
above shall be submitted for decision to an arbitral commission
of three arbitrators; one to be appointed by the Government
of each High Contracting Party within a period of thirty days
from the date of receipt by the Government
of either High Contracting Party
from that of the other High Contracting Party
of a note requesting arbitration of the dispute;
and the third to be agreed upon by the two arbitrators so chosen
or to be nominated by the Government of a third power
as agreed upon by the two arbitrators within a further period of thirty days.
However, the third arbitrator must not be a national
of either High Contracting Party.
3
If, within the periods respectively referred to,
the Government of either High Contracting Party
fails to appoint an arbitrator, or the third arbitrator
or the third nation is not agreed upon,
the arbitral commission shall be composed of one arbitrator
to be nominated by the Government of each of two nations
respectively chosen by the Government of each High Contracting Party
within a period of thirty days,
and the third arbitrator to be nominated
by the Government of a third power
decided upon by agreement between the Governments so chosen.
4
The Governments of the High Contracting Parties
shall accept decisions rendered by the arbitral commission
established in accordance with the provisions of this Article.
Article IV
The present Agreement shall be ratified. The instruments
of ratification shall be exchanged at Seoul as soon as possible.
The present Agreement shall enter into force
as from the date on which the instruments of ratification are exchanged.
IN WITNESS WHEREOF,
the undersigned, duly authorized thereto
by their respective Governments, have signed the present Agreement.
DONE
in duplicate at Tokyo, this twenty-second day of June
of the year one thousand nine hundred and sixty-five
in the Japanese and Korean languages, each text being equally authentic.
FOR JAPAN FOR THE REPUBLIC OF KOREA
Etsusaburo Shiina Tong Won Lee
Shinichi Takasugi Dong Jo Kim
Concerning the Settlement of Problems in Regard to
Property and Claims and Economic Cooperation
Article I
1
Japan shall supply the Republic of Korea with:
(a)
Products of Japan and the services of Japanese people, free of charge,
the total value of which will be so much in yen as shall be equivalent
to three hundred million United States dollars ($300,000,000),
at present computed
at one hundred and eight billion yen (\108,000,000,000),
within a period of ten years of the date
on which the present Agreement enters into force.
The supply of products and services each year
shall be limited to so much in yen
as shall be equivalent to thirty million United States dollars ($30,000,000),
at present computed at ten billion eight hundred million yen (010,800,000,000);
when the supply of any one year falls short of this amount,
the remainder shall be added to the amount for the next
and subsequent years.
However, the maximum amount supplied for any one year may be increased
by agreement between the Governments of the High Contracting Parties.
(b)
Long-term and low-interest loans up to so much in yen
as shall be equivalent to two hundred million United States dollars ($200,000,000),
at present computed at seventy-two billion yen (\72,000,000,000),
which are requested by the Government of the Republic of Korea
and which will be covered by procuring the products of Japan
and the services of Japanese people necessary for implementing the enterprises
to be decided upon in accordance with arrangements to be concluded
under paragraph 3 within a period of ten years of the date
on which the present Agreement enters into force.
These loans shall be extended
by the Overseas Economic Cooperation Fund of Japan,
andthe Government of Japan shall take the necessary measures
to enable the Fund to secure the funds for equal annual loans.
The aforesaid supply and loans must serve the economic development
of the Republic of Korea.
2
There shall be established a Joint Committee composed of representatives
of the two Governments as an organ for consultation between them,
with the power to make recommendations on matters
concerning the implementation of the present Agreement.
3
The two Governments of the High Contracting Parties shall take measures necessary for the
implementation of this Article.
Article II
1
The High Contracting Parties confirm
that the problems concerning property, rights, and interests
of the two High Contracting Parties
and their peoples (including juridical persons)
and the claims
between the High Contracting Parties
and between their peoples,
including those stipulated in Article IV(a) of the Peace Treaty
with Japan signed at the city of San Francisco on September 8, 1951,
have been settled completely and finally.
2
The provisions of this Article shall not affect the following
(excluding those which become the objects of special measures
taken by either of the High Contracting Parties
prior to the date of the signing of the present Agreement):
(a)
The property, rights, and interests of the people
of either High Contracting Party who have ever resided
in the territory of the other High Contracting Party
in the period between August 15, 1947,
and the date of the signing of the present Agreement;
and
(b)
The property, rights, and interests of either High Contracting Party
and its people which were acquired or brought under the control
of the other High Contracting Party in the course of ordinary contacts
after August 15, 1945.
3
As a condition to comply with the provisions of paragraph 2 above,
no claims shall be made with respect to the measures
relating to the property, rights, and interests
of either High Contracting Party
and its people which were brought under the control
of the other High Contracting Party on the date of the signing
of the present Agreement,
or to all the claims of either High Contracting Party
and its people arising from the causes
which occurred prior to that date.
Article III
1
Any dispute between the High Contracting Parties
concerning the interpretation or the implementation
of this Agreement shall be settled primarily through diplomatic channels.
2
Any dispute which cannot be settled under the provision of paragraph 1
above shall be submitted for decision to an arbitral commission
of three arbitrators; one to be appointed by the Government
of each High Contracting Party within a period of thirty days
from the date of receipt by the Government
of either High Contracting Party
from that of the other High Contracting Party
of a note requesting arbitration of the dispute;
and the third to be agreed upon by the two arbitrators so chosen
or to be nominated by the Government of a third power
as agreed upon by the two arbitrators within a further period of thirty days.
However, the third arbitrator must not be a national
of either High Contracting Party.
3
If, within the periods respectively referred to,
the Government of either High Contracting Party
fails to appoint an arbitrator, or the third arbitrator
or the third nation is not agreed upon,
the arbitral commission shall be composed of one arbitrator
to be nominated by the Government of each of two nations
respectively chosen by the Government of each High Contracting Party
within a period of thirty days,
and the third arbitrator to be nominated
by the Government of a third power
decided upon by agreement between the Governments so chosen.
4
The Governments of the High Contracting Parties
shall accept decisions rendered by the arbitral commission
established in accordance with the provisions of this Article.
Article IV
The present Agreement shall be ratified. The instruments
of ratification shall be exchanged at Seoul as soon as possible.
The present Agreement shall enter into force
as from the date on which the instruments of ratification are exchanged.
IN WITNESS WHEREOF,
the undersigned, duly authorized thereto
by their respective Governments, have signed the present Agreement.
DONE
in duplicate at Tokyo, this twenty-second day of June
of the year one thousand nine hundred and sixty-five
in the Japanese and Korean languages, each text being equally authentic.
FOR JAPAN FOR THE REPUBLIC OF KOREA
Etsusaburo Shiina Tong Won Lee
Shinichi Takasugi Dong Jo Kim
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