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people of north Korea, urging them to hold free elections for representatives to the National Assembly, who could then join with the representatives from the southern zone in establishing an independent Korean government.

During this early period the major work of the National Assembly was the discussion and drafting of a constitution for the Republic of Korea. As the work of the constitution drafting committee progressed, it became apparent that opinion within the Assembly upon the form of government to be adopted was divided into two general groupings, one favoring a strong-executive system of democratic government, the other favoring a parliamentary system in which the cabinet would be responsible to the legislative body.

The constitution.-Department of State, "Korea, 1945 to 1948", Publication 3305 (excerpt):

After considerable debate and discussion the National Assembly adopted a constitution for the Republic of Korea on July 12. This constitution was signed and promulgated on July 17. The form of government it established is a strong executive system of democratic government. Some elements of the governmentsuch as the power of executive officials to speak in the legislative body and to present bills, and certain features of the structure and functioning of the executive branch-represent concessions to the group within the Assembly that favored a cabinet responsible to the legislature. But the major features of the government are its separation into three branches and the strength of the executive branch. The President and Vice President are elected for four-year terms by the legislative body. The Prime Minister is appointed by the President with the approval of the legislative body. The President is empowered to appoint or discharge the 8 to 15 members of the State Council without the approval of the legislative body. From these members he designates the heads of the 11 executive ministries. Other officials appointed by the President include the heads of four executive offices responsible to the State Council and the heads of other executive commissions and agencies. The President is the chief executive and is responsible for the execution of law and for other specific functions of government normally assigned the executive branch of the government, such as the conduct of foreign relations and the granting of pardons. In addition, he possesses the extensive appointive power described above, an executive veto over the acts of the legislature, and, in the event of emergencies that do not permit the prior convening of the legislature, the power to issue necessary executive orders and to make dispositions, subject to later review by the legislature. If the President is unable for any reason to execute the duties of his office, the Vice President is to act for him. The Prime Minister acts as vice chairman of the State Council and assists the President. Under the authority of the chief executive the Prime Minister is responsible for the activities of the executive ministries and is charged with the responsibility for administrative matters not assigned to specific ministries. The State Council, of which the President is the chairman, formulates executive policy by majority vote. The ministers of the State Council who make up the President's Cabinet may issue ministerial regulations and orders. The four executive offices that are not headed by ministers of the State Council perform primarily administrative rather than executive functions and are responsible to the Prime Minister.

For a period of 2 years the present National Assembly is to continue as the legislative branch of the government. Subsequently the legislative organ is to be a unicameral body, similar to the present National Assembly, elected directly by the people for a 4-year term. It will hold annual sessions, convening on December 20. Special sessions are to be called by its speaker, upon the request of the President or of at least one-fourth of its own membership. In addition to normal legislative functions, the legislative body is empowered to consent to or reject treaties with foreign powers, to declare war, and to impeach executive and judicial officials. The judicial branch is composed of the supreme court and lower courts to be established by law. The chief justice of the supreme court is appointed by the President with the consent of the legislative body. The tenure of office of judges is 10 years. The principle of judicial review is recognized. The supreme court determines the constitutionality or legality of administrative orders and regulations. The constitutionality of a law, however, is determined by a constitution committee, composed of the Vice President, five justices of the supreme court, and five members of the National Assembly. The constitution is markedly liberal in its economic articles and in its guaranties of civil liberties. The constitution protects basic civil liberties and, in addition, the right to equal opportunity for education, the right of collective bargaining by laborers, the right of

labor to share in the profits of private profit-making enterprises, and the right; to government protection in the event of old age, infirmity, or incapacity to work. 8. Formation of government in North Korea

Department of State, "Korea, 1945 to 1948" (excerpt):

At almost the same time that the Republic of Korea assumed authority in the southern zone, another government was brought into being in the northern zone. The newly elected Supreme People's Council in North Korea on September 9, 1948, proclaimed the establishment of a "Democratic People's Republic of Korea" claiming jurisdiction over the entire country.

The procedures followed in establishing the government in the northern zone were not in accordance with those outlined in the November 14, 1947, resolutions of the General Assembly. The elections for the delegates to the Supreme People's Council, held on August 25, were not observed by the United Nations Temporary Commission on Korea. The election was essentially undemocratic in that the voter was presented with lists of candidates drawn up by the North Korean People's Committee for his approval or disapproval.

Both the United Nations Commission and the United States military government tried to secure information on the "secret election" which North Korean leaders assert was held in South Korea. Evidence was extremely difficult to obtain, however, and it is certain that only a very small number of persons even received ballots.

The South Koreans who allegedly occupy 360 of the 572 seats in the Supreme People's Council apparently represent only small Communist dissident factions in the southern zone. Both Communist and non-Communist dissident elements in the southern zone, which opposed and boycotted the UN-observed election of May 10 and participated in the first North-South Conference of Political Leaders (April 19-28, 1948) were repudiated by the people of the southern zone in the May 10 election. Before the second North-South Conference of Political Leaders (June 29-July 5, 1948) the non-Communist elements of these dissident groups generally refused to join in further discussions with the political organizations of the northern zone, and since that time they have repeatedly denounced both the second North-South Conference of Political Leaders and the August election of delegates to the Supreme People's Council of the "Democratic People's Republic of Korea"

9. Transfer of authority from United States military command to the Republic of Korea

Address of Dr. Syngman Rhee on May 31, 1948 (excerpt):

When we have set up our government, the American military government will withdraw for the military government authorities are fully ready to turn the administration over to our government. We hope our government will request the Government of the United States of America to let us retain some of our American friends who have been serving in the central administration as well as those in the provincial governments who can be helpful to us either as advisers or technicians. The American forces of occupation, we hope, will remain for security purposes until our government has organized our own security force. However, the United States will act in this matter in accordance with the decision of the United Nations. Therefore, in cooperation with the United States and the United Nations, we shall act according to our common understanding and agreement. The only point which must be clearly understood is that the remaining of the security forces shall not interfere with the exercise of our sovereign rights. There is no doubt that whenever we request the withdrawal of the American forces they will evacuate at once. It is a well-known fact that the United States has no political or territorial interest in any part of the world. America's interest is in the establishment of democratic governments wherever possible for the sake of world peace and of commercial relations for mutual benefit. Therefore, what America expects from us is nothing more than the good will of our people. Although American forces may remain for the time being due to international circumstances, they will leave Korea without delay whenever the Korean Government formally requests their withdrawal.

Letter from President Rhee to General Hodge of August 11, 1948 (excerpts):

I have the honor to inform you that, in consequence of the deliberations and acts of the Korean National Assembly, which was constituted as a result of the

election held on May 10, 1948, under the observation of the United Nations Temporary Commission on Korea, there was formed as of August 5, 1948, the Government of the Republic of Korea.

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In furtherance of the United Nations General Assembly resolutions on Korea, particularly paragraph 4 of resolution II, I have the honor further to inform you that the Government of the Republic of Korea, after consultation with the United Nations Temporary Commission on Korea, will be prepared to take over the functions of government. To that end your cooperation and assistance are requested in transferring to the Government of the Republic of Korea all such functions now exercised by you as Commanding General, United States Army Forces in Korea, including the direction of all police, coast guard, and constabulary units now in being.

The Government of the Republic of Korea recognizes that it will be necessary for you to retain control over areas and facilities of vital importance to you (such as ports, camps, railways, lines of communications, airfields, etc.), as you deem necessary in order to accomplish the transfer of authority to the Government of the Republic of Korea and the withdrawal of United States occupation forces from Korea in accordance with the United Nations General Assembly resolutions on Korea. During this period, the personnel of your command, both military and civilian, including their dependents, shall remain under your exclusive jurisdiction. Letter from General Hodge to President Rhee of August 11, 1948 (excerpts):

I am pleased to note that the Government of the Republic of Korea recognizes that it will be necessary for me to retain control over areas and facilities of vital importance (such as ports, camps, railways, lines of communication, airfields, etc.) as I deem necessary in order to accomplish the transfer of authority to the Government of the Republic of Korea and the withdrawal of United States occupation forces from Korea in accordance with the United Nations General Assembly resolutions on Korea. Furthermore, I note that the Government of the Republic of Korea recognizes my exclusive jurisdiction over the personnel of my command, both military and civilian, including their dependents.

I shall be pleased to cooperate with you in arranging a progressive and orderly transfer of governmental functions, and including the assumption of responsibilities for the direction of all police, coast guard, and constabulary units now in being, leading to the withdrawal of United States forces from Korea and the termnation of the United States occupation.

Agreement of August 24, 1948, between the United States and the Republic of Korea on transfer of jurisdiction over security forces:

ARTICLE I

The Commanding General, United States Army Forces in Korea, agrees that, pursuant to directives from his government and within his capabilities, he will continue to organize, train and equip the Security Forces of the Republic of Korea now in being, provided that his obligation shall cease upon the completion of withdrawal from Korea of forces under his command.

ARTICLE II

The Commanding General, United States Army Forces in Korea, agrees to transfer to the Government of the Republic of Korea progressively, and as rapidly as he deems compatible with common security, responsibility for the direction of the Security Forces of the Republic of Korea, consisting of all Police, Coast Guard and Constabulary units now in being, and the President of the Republic of Korea agrees to accept progressively, for the Government of the Republic of Korea, responsibility for the direction of these forces. It is further agreed that the Commanding General, United States Army Forces in Korea, shall retain until completion of withdrawal of United States Army Forces as contemplated in par. 1 (c) of Resolution No. II passed by the United Nations General Assembly 14 November 1948 (which reads as follows: "(c) arrange with the occupying powers for the complete withdrawal from Korea of their armed forces as early as practicable and if possible within 90 days”.) the authority to exercise such over-all operational control of Security Forces of the Republic of Korea (including the Constabulary and Coast Guard and such National Police detachments as may be stationed in critical

areas) as he deems necessary in the interests of common security, or to facilitate the organization, training and equipping of the Security Forces of the Republic of Korea. The provisions of this article shall not interfere with the sovereign rights of the Government of the Republic of Korea in the administration of the Korean Security Forces, the screening of their personnel to eliminate enemies of the Government of the Republic of Korea, the selection of recruits to fill the ranks of existing or future units and the formation of such additional Korean Security Forces as may be provided by law in accordance with the provisions of Article 61 of the Constitution of the Republic of Korea.

ARTICLE III

Pursuant to the provisions of the note transmitted by the President of the Republic of Korea to the Commanding General, United States Army Forces in Korea, on August 9, 1948, the President of the Republic of Korea agrees that the Commanding General, United States Army Forces in Korea, shall retain control over areas and facilities of vital importance (such as ports, camps, railways, lines of communication, airfields, etc.) which he deems necessary in order to accomplish the transfer of authority to the Government of the Republic of Korea and the withdrawal of United States occupation forces from Korea in accordance with the United Nations General Assembly Resolution on Korea. The Commanding General, United States Army Forces in Korea agrees to list for the Government of the Republic of Korea as soon as practicable those areas and facilities as described above currently in use by his forces, and to keep the Government informed of all changes therein. It is further agreed that the Commanding General, United States Army Forces in Korea, shall retain exclusive jurisdiction over the personnel of his command, both military and civilian, including their dependents, whose conduct as individuals shall be in keeping with pertinent laws of the Republic of Korea. It is further agreed that any individuals under the jurisdiction of the Commanding General, United States Army Forces in Korea, as described above, who may be apprehended by law enforcement agencies of the Government of the Republic of Korea shall be immediately turned over to the custody and control of the Commanding General, United States Army Forces in Korea, and that any individuals not under the jurisdiction of the Commanding General, United States Army Forces in Korea, who may be apprehended in acts detrimental to the security of personnel or property under his jurisdiction, shall be immediately turned over to the custody and control of the Government of the Republic of Korea.

10. Recognition of the new government

Resolution of the General Assembly of December 12, 1948 (excerpts): The General Assembly,

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2. Declares that there has been established a lawful government (the Government of the Republic of Korea) having effective control and jurisdiction over that part of Korea where the Temporary Commission was able to observe and consult and in which the greater majority of the people of all Korea reside; that this government is based on elections which were a valid expression of the free will of the electorate of that part of Korea and which were observed by the Temporary Commission; and that this is the only such government in Korea;

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9. Recommends that Member States and other nations, in establishing their relations with the Government of the Republic of Korea, take into consideration the facts set out in paragraph 2 of the present resolution. United States recognition of the Republic of Korea, January 1, 1949 (statement):

On December 12, 1948, the United Nations General Assembly adopted a resolution approving the conclusions of the report of the United Nations Temporary Commission on Korea and declaring in part "that there has been established a lawful government (the Government of the Republic of Korea), having effective control and jurisdiction over that part of Korea where the Temporary Commission was able to observe and consult and in which the great majority of the people of all Korea reside; that this Government is based on elections which were a valid expression of the free will of the electorate of that part of Korea and

which were observed by the Temporary Commission; and that this is the only such Government of Korea." The resolution of December 12 concluded with the recommendation that member states and other nations take the foregoing facts into consideration in establishing their relations with the Government of Korea.

In the light of this action by the General Assembly, and taking into account the facts set forth in the statement issued by this Government on August 12, 1948, concerning the new Korean Government, the United States Government has decided to extend full recognition to the Government of the Republic of Korea. Incidental to this step it is anticipated that, by agreement with that Government, the mission of the United States special representative in Korea will in the near future be raised to Embassy rank.

In conformity with the General Assembly resolution of December 12, the United States Government will endeavor to afford every assistance and facility to the new United Nations Commission on Korea established thereunder in its efforts to help the Korean people and their lawful government to achieve the goal of a free and united Korea.

Committee on Foreign Affairs, House Report No. 1571 (81st Cong.) (excerpt):

* * * recognition has been given by other governments in the following order: The Dominican Republic, July 13; Bolivia, July 14; Cuba, July 17; Canada, July 19; Greece, August 4; Costa Rica, August 12; Turkey and Haiti, August 13; Australia, Nicaragua, and Belgium, August 15; El Salvador, September 3; Iran, September 23; Thailand, September 29; Ecuador, October 4; Uruguay, November 17; Peru, November 29. These acts of recognition bring to 27 the number of governments which have recognized the Republic of Korea, recognition having been previously extended by the United States, the Republic of China, the United Kingdom, France, the Philippines, the Vatican, Chile, Brazil, New Zealand, and the Netherlands.

E. WITHDRAWAL OF MILITARY FORCES

1. Soviet note of September 18, 1948 (excerpt):

The Supreme National Assembly of Korea on September 10, 1948, addressed itself to the Government of the Union of Soviet Socialist Republics and to the Government of the United States of America with a request for the simultaneous and immediate withdrawal of Soviet and American troops from Korea.

The Presidium of the Supreme Soviet of the Union of Soviet Socialist Republics, having considered this appeal of the Supreme National Assembly of Korea, have recognized as possible meeting the wish expressed in this appeal and have given appropriate instructions to the Council of Ministers of the Union of Soviet Socialist Republics concerning the evacuation of Soviet troops from northern Korea so that the evacuation would be concluded at the end of December 1948.

At the same time the Presidium of the Supreme Soviet expressed the hope that the Government of the United States of America will also agree to evacuate American troops from southern Korea within this period.

2. Statement of September 20, 1948, of the United States position on withdrawal of occupation forces from Korea

It has been the consistent view of this government that the best interests of the Korean people would be served by the withdrawal of all occupying forces from Korea at the earliest practicable date. This same view was embodied in the United Nations General Assembly resolution of November 14, 1947, in which provision was made for such withdrawal as soon as practicable after the establishment of the Korean Government which it was the intention of that resolution to bring into being. Had the Soviet Union cooperated in carrying out the provisions of the resolution of November 14, 1947, the question of troop withdrawal from Korea would doubtless have been already resolved.

The United States Government regards the question of the withdrawal of occupying forces as but one facet of the entire question of the unity and independence of Korea. The General Assembly of the United Nations has taken cognizance of this larger question as evidenced by the resolution referred to above, and it may be expected to give further consideration to the matter at its forthcoming meeting.

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