396.1 GE/5–554: Telegram

The Secretary of State to the United States Delegation1


Tosec 75. Secto 72 sent Seoul 32.2 Department has following suggested modifications draft paper presenting Plan “B”. These take account Ambassador Dean’s comments.

Use word “shall” instead of “will” or “should” wherever provision is mandatory.
Section II A should be revised to read “Within period of blank months from adoption of these proposals and following determination and announcement by UNCURK that necessary conditions for free elections exist, there shall be held throughout Korea at a date selected by UNCURK elections for the president and National Assembly of unified Korea.”
Modify first sentence II E to read, “Elections shall be supervised and observed by UNCURK.” Delete second sentence since Commission can not insure these things. Modify final sentence to read, “Results of the elections shall be considered valid expression of free will of people of Korea where Commission has so certified.” This modification makes clear power of Commission to declare results invalid.
Section II F. “Freedom of movement in Korea” is ambiguous and in pre-election period presents disadvantage of making possible Communist infiltration South Korea. Prefer elimination of phrase.
Rewrite II G as follows to tape down UNCURK’s rights and endeavor avoid NNSC type difficulties:

“All authorities within Korea shall cooperate fully in ensuring that elections are properly conducted under necessary safeguards as determined by UNCURK. The Commission shall have the right to travel freely throughout Korea so as to make such observations and investigations as it deems necessary.”

Section IV. Suggest substitute here and throughout paper “non-Korean forces” for “foreign forces”. Phrase “will be coordinated with both sides” should read “shall be coordinated with military commanders non-Korean forces”.
Section V. Suggest rephrasing to read as follows:

“Parties to agreement pledge their respect for territorial integrity and political independence of unified Korea. This pledge shall become effective when unified government shall have declared its intent abide by purposes and principles of UN Charter in its international relations. Unified Korea shall have authority assume such existing international rights and obligations and conclude such agreements as it may wish”. Believe could not make provision penultimate sentence mandatory and that last sentence would permit such arrangements without placing unified government under compulsion to enter agreement Communist China. Change in first sentence avoids separate operation to secure pledge of respect for territorial integrity etc. at time unified government comes into existence.

Section VI. For consistency, rehabilitation proposal should be under UN auspices as long as UNCURK is proposed as supervisory commission. Communists likely seize on omission UN here to support argument against use UNCURK.
In order clarify manner and particulars in which Armistice Agreement shall be amended suggest following as substitute for first sentence Section VII:

“Parties to Armistice Agreement shall direct their military commanders to modify paragraphs blank of Armistice Agreement in order enable UNCURK to carry out above arrangements leading to unification Korea.”

Suggest (b) section VII be revised read as follows: “All non-Korean forces have been withdrawn from Korea in accordance with provisions section IV this agreement.”
Believe desirable delete last sentence section VII since this involves sovereignty new government.
Note that under General Assembly resolution might be argued UNCURK limited to seven representatives and seven alternates. Doubt that this constitutes adequate force for supervision.
Endorse Dean’s suggestion Seoul’s 1119 repeated Geneva 483 should use “unification” instead “reunification” in Section IV and “Government of unified Korea” instead “all-Korean Government” in Sections V and VI.
Foregoing comments made without reference principal substantive points Seoul’s 1119 or Geneva’s Secto 107 rptd Seoul 424 which just arrived. Will comment those in subsequent message.
  1. Repeated to Seoul as telegram 889 and to Tokyo as telegram 2429 with instructions to pass to CINCUNC.
  2. Dated May 2, p. 178.
  3. Supra.
  4. Dated May 5, p. 204.