396.1 GE/5–754: Telegram

The United States Delegation to the Department of State

confidential
niact

Secto 127. Repeated information Tokyo 25, Seoul niact 50. Department pass Defense. Tokyo pass CINCUNC. Following revised draft proposal for establishment united and independent Korea:

“In conformity with UN resolutions on peaceful settlement Korean question and in recognition of Korean people determine through genuinely free elections form and composition their government, establishment of united and independent Korea shall be achieved following manner:

I. Responsibilities supervision and observation.

Establishment united and independent Korea through holding genuinely free elections and withdrawal all non-Korean forces from Korea within time schedule set forth below shall be observed and certified in manner provided below by UNCURK, established by resolution UNGA October 7, 1950.

II. Free elections in Korea.

a.
Within period six months from adoption this agreement and following determination and announcement by UNCURK that necessary conditions for free elections exist, there shall be held throughout Korea at date selected by UNCURK elections for President and National Assembly of Unified Korea.
b.
Representation in National Assembly shall be in direct proportion to population citizenry Korea accordance census observed and certified by UNCURK.
c.
Elections shall be based on universal adult suffrage by all citizens Korea.
d.
Elections shall be in secret and held conditions genuine freedom throughout Korea.
e.
Elections shall be supervised and observed by UNCURK. This Commission shall ensure that elections properly conducted and safeguards for conditions genuine freedom observed before, during and after elections until government Unified Korea established. Commission shall propose, and appropriate authorities in Korea shall put into effect, any changes in applicable election laws which Commission considers necessary assure free elections accordance these proposals. Results elections shall be considered valid expression free will people of Korea where Commission has so certified.
f.
Conditions genuine freedom and applicable election laws shall include following guarantees: Freedom of movement; freedom of presentation candidates; immunity candidates; freedom arbitrary arrest or victimization; freedom association and political meetings; freedom expression for all; freedom press, radio and free circulation newspapers, periodicals, etc.; secrecy vote; security polling stations and ballot boxes.
g.
All authorities within Korea shall cooperate fully ensuring elections properly conducted under necessary safeguards, as determined by UNCURK. Commission shall have right travel freely throughout Korea so as make such observations and investigations it deems necessary and to that end all authorities Korea shall provide UNCURK all necessary assistance and facilities.

III. Formation Government Unified Korea.

a.
Immediately after elections, National Assembly shall be convened Seoul and government formed for whole of Korea accordance constitution Republic of Korea. Government so formed will then become sole legitimate Government Korea.
b.
Constitution shall remain in force except as it may be superseded or amended by National Assembly acting constituent session when convened following elections.

IV. Withdrawal non-Korean Forces.

As integral part unification Korea, concurrent withdrawal all non-Korean Forces from Korea shall be effected as follows:

a.
Concurrent withdrawal non-Korean Forces shall be observed and verified by UNCURK all stages accordance schedules prearranged with UNCURK pursuant this agreement, and shall be carried out through ports entry prescribed armistice agreement July 27, 1953.
b.
Concurrent withdrawals shall begin 60 days from date this agreement.
c.
By date elections herein provided for, no more than total 150,000 non-Korean troops shall remain North Korea and South Korea respectively.
d.
All residual non-Korean Forces shall be withdrawn from Korea within three months after UNCURK certifies Government Unified Korea has been established with effective control over all Korea.

V. International provision for security Unified Korea.

Parties this agreement hereby pledge their respect for territorial integrity and political independence Unified Korea. Government Unified Korea shall undertake abide by purposes and principles UN Charter in its international relations.

VI. Rehabilitation Korea.

After formation Government Unified Korea accordance above provisions, there shall be developed and carried out under auspices UN international program relief and rehabilitation all Korea to which all countries so desiring may contribute. Such program shall be developed consultation Korean Government.

VII. Concluding stages.

Parties to armistice agreement shall direct their military commanders modify appropriate paragraphs that agreement order enable UNCURK carry out above arrangements leading to unification Korea. Armistice agreement shall be considered superseded accordance paragraph 62 that agreement only when UNCURK certified (a) Korean Government has been established with effective control over all Korea [Page 220] as result free and secret elections expressing valid will of people and (b) all non-Korean Forces withdrawn from Korea accordance provisions section IV this agreement.

UNCURK shall report to General Assembly UN when implementation this agreement completed.

VIII. Implementation agreement.

There shall be annexed hereto detailed agreements for implementation above provisions which shall constitute integral part this agreement.”

Paragraph IV above sent separate telegram for comment and guidance.1 Would appreciate knowing soonest from Department and Seoul when we can consider text draft proposal approved for further use here.

Smith
  1. See telegram Secto 128, infra.