TESTIMONY OF HON. WILLIAM J. PORTER, AMBASSADOR, U.S. EMBASSY, SEOUL, KOREA; ACCOMPANIED BY GEN. JOHN H. MICHAELIS, COMMANDER IN CHIEF, UNITED NATIONS COMMAND, COMUSK, COMMANDING GENERAL, 8TH ARMY; MAJ. GEN. LELAND G. CAGWIN, COMMANDING GENERAL, 2D INFANTRY DIVISION (FORMERLY); MAJ. GEN. LIVINGSTON N. TAYLOR CHIEF, JOINT MILITARY ASSISTANCE ADVISORY GROUP, KOREA; AND BRIG. GEN. ARTHUR W. HOLDERNESS, JR., COMMANDER, 314TH AIR DIVISION, PACAF

Mr. PORTER. Mr. Chairman, a quarter of a century has passed since U.S. troops were first sent to Korea to accept the surrender of the Japanese forces and began to assist the people to form their own government and conduct their own national life. We then found, to our regret, that our intentions were not matched by Soviet armies and officials who had moved into the northern half of the peninsula to accept Japanese surrender there, and who blocked all efforts to establish a united Korea based on the freely expressed will of its inhabitants.

FORMATION OF AND ATTACK ON REPUBLIC OF KOREA

A republic was consequently formed in South Korea in 1948 under the aegis of the United Nations, and Americans began to think of, and to implement, withdrawal from the country. Unfortunately, in 1950, the Republic of Korea was subjected to an unprovoked attack from the Communist-oriented north, whose leaders believed that the U.S. commitment to depart from Korea was sufficiently clear for them to run a risk. Bitter war which followed cost us dearly, and our allies also paid a heavy price for their determination to stand on principles on which the United Nations organization was founded. As for the Korean people, the cost of the war was immeasurable in terms of life and property. When the smoke cleared, the situation had been stabilized at the armistice line along the 38th parallel. The south, with a majority of the population and few natural resources, is supported by the United States and other allies, with the moral backing of the United Nations.

KOREA AND THE UNITED NATIONS

The United Nations still maintains in Korea a Commission for Unification and Reconstruction, UNCURK. The Commission was established in 1950, under a U.N. resolution, "to represent the U.N. in bringing about the establishment of a unified, independent, and democratic government in all Korea." UNCURK's presence in Korea and this mandate have been reaffirmed annually by overwhelming majoriities in the General Assembly. A minority in opposition in the General Assembly each year is comprised of Communist countries and some members of the Afro-Asian bloc.

The United States and other countries sent forces to Korea in 1950 pursuant to the U.N. Security Council resolutions of June 27 and July 7, 1950.

Senator SYMINGTON. Excuse me. I do not mean to interrupt you, and I shall to an absolute minimum, but I think we sent in U.S. forces before that. I think we did it before we took it up with the United Na

tions, just for what it is worth, if you might correct that and see if you want to change the language or if it is not important enough, forget

it.

Mr. PORTER. We will check that point and there may be a clarifying statement we can make there, Mr. Chairman.

(The information referred to follows:)

On June 25, 1950 the Security Council of the United Nations passed a resolution calling upon the North Koreans to cease hostilities and to withdraw to the 38th Parallel. It also called upon all members of the United Nations to render every assistance to the United Nations in the execution of this resolution. It was in these circumstances that President Truman, late on June 25, informed General MacArthur that, in order to assist in evacuating United States dependents and noncombatants, he could take action by Air and Navy to prevent the InchonKimpo-Seoul area from falling into enemy hands. On June 26 General MacArthur was informed that all military targets south of the 38th Parallel were cleared for attack by the Air Force and that naval forces were authorized to operate against forces engaged in aggression against South Korea. At the time of the North Korean attack the U.S. military presence in Korea consisted only of a 500-man Military Advisory Group (KMAG). Ground forces were not sent to Korea until the passage on June 27 of the United Nations Security Council Resolution which recommended that the Members of the United Nations furnish such assistance to the Republic of Korea as might be necessary to repel the armed attack and to restore international peace and security to the area.

Allied forces, including those of the Republic of Korea, are under the UN Command which derives its authority from the Security Council Resolution of July 7, 1950. Nine of the 16 members who provided forces during the Korean War maintain troops or military representation in the country. A Military Armistice Commission established under the Armistice Agreement to supervise implementation and discuss violations of the agreement meets on the call of either party at Panmunjom. It still plays a key role although the discussion of armistice violations has with the passage of time become of secondary importance. Its greatest importance now is to provide a channel of communications between North and South and between the UN Command and North Korean forces. The Panmunjom site was used, for example, in the Pueblo negotiations and in negotiating the release last year of a helicopter crew which went down in the North. North Korea has just used the site to effect the return of 39 of the 51 people aboard the Korean Air Lines plane diverted to the North in December.

U.N. COMMAND PERSONNEL IN REPUBLIC OF KOREA

Senator SYMINGTON. Mr. Ambassador, at this point would you put the number of people actually there now?

Mr. PORTER. Yes, sir.

Senator SYMINGTON. Also, to complete the record, the number of our military and civilians in the joint listing?

Thank you.

Mr. PORTER. Yes, sir.

(The information referred to follows :)

United Nations Command Personnel in the Republic of Korea 12

1

United States___.

[Deleted]

United Kingdom..

[Deleted]

Thailand

Turkey

Canada

Australia

Ethiopia

Philippines

New Zealand___

1 Less ROK military personnel.

2 Includes U.S. Army, U.S. Navy. U.S. Marine Corps. and U.S. Air Forces. Figures also include [deleted] U.S. Army and [deleted] U.S. Air Force personnel on TDY/TCS/TAD in the Republic of Korea. Not included are civilian personnel.

[Deleted]

[Deleted]

[Deleted]

[Deleted]

[Deleted]

[Deleted]

[Deleted]

U.S.-ROK AGREEMENTS, UNDERSTANDINGS AND DECLARATIONS

Mr. PORTER. In 1954, the United States entered into a Mutual Defense Treaty with the Republic of Korea. Article III contains the heart of the treaty and is worded as follows:

Each Party recognizes that an armed attack in the Pacific area on either of the Parties in territories now under their respective administrative control, or hereafter recognized by one of the Parties as lawfully brought under the administrative control of the other, would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes.

This language, containing the so-called Monroe Doctrine formula, corresponds to the Philippines, ANZUS, and SEATO treaties of that period, but with an important difference in the description of the territorial area to which the treaty applies. The language makes clear that the U.S. obligation extends only to territory then under, or recognized by us as lawfully brought under, the administrative control of the Republic of Korea.

Senator SYMINGTON. For clarification, could I ask a question?
Mr. PORTER. Yes, sir.

Senator SYMINGTON. Is this treaty a bilateral treaty, independent of the United Nations?

Mr. PORTER. Yes, sir.

Senator SYMINGTON. Thank you.

Mr. PORTER. The Senate gave its advice and consent to ratification by a vote of 81 to 6. In doing so, it underlined the point on the treaty area by attaching the understanding that the treaty obligates the United States to assist Korea only in case of an external armed attack "against territory which has been recognized by the United States as lawfully brought under administrative control of the Republic of Korea."

Article I of the treaty requires the parties to refrain from the threat or use of force in ways inconsistent with U.N. purposes, and article II requires consultation whenever there is a threat of external armed attack. The Republic of Korea Government fully understands that the United States opposes and would not support any aggressive military action initiated by the Republic of Korea against the north. Shortly after coming to power, President Park repudiated the use of military force to reunify the country. He has stressed instead the importance of strengthening the south economically and politically to offer an alternative superior to life in the Communist north.

In a joint statement dated May 26, 1961, the Republic of Korea placed its forces under the operational control of the United Nations Command. On September 20, 1961, the Koreans agreed to the terms, including prior consultation, under which their forces might be temporarily withdrawn from this control. [Deleted.]

There are no other agreements or understandings regarding prior consultation before offensive or reprisal action by the Republic of Korea against the north.

LIMITATIONS ON U.S. DEFENSE OF SOUTH KOREA

Senator SYMINGTON. As I get that, it means we are willing to defend South Korea as we defend South Vietnam; but under no circumstances

are our troops to go into North Korea, any more than they are allowed to go into North Vietnam or Laos or Cambodia: correct?

Mr. PORTER. We would defend South Korea against action by an enemy force which was, in effect, placing in danger the territory of that country, territory we had agreed came legally under the control and administration.

Senator SYMINGTON. I understand. Would our troops be permitted to cross the DMZ in a counterattack if the North Koreans attacked South Korea?

Mr. PORTER. In that case, we would expect to invoke the consultation requirement, Mr. Chairman.

Senator SYMINGTON. Which is what?

Mr. PORTER. Which would then, which is provided for in the treaty itself, and under that consultation or during that consultation period we would determine what kind of action was required. But it is quite clear that we would oppose and not support any aggressive military action initiated by the Republic against the North.

Senator SYMINGTON. Then the answer to my question is, yes, right? Mr. PORTER. The answer to your question is that we would have to determine what was required during the consultation period which would follow enemy action.

Senator SYMINGTON. You say we consult with?

Mr. PORTER. We would consult, of course, with the Koreans and there would be consultation here in Washington between the branches of Government as to action that might seem desirable.

Senator SYMINGTON. It would not be necessary to consult with any other country?

Mr. PORTER. It would not be.

Senator SYMINGTON. Thank you.

Mr. PORTER. The Mutual Defense Treaty was a direct consequence of the war and its purpose was to help prevent a recurrence.

ADDITIONAL STATEMENTS AFFIRMING U.S. SUPPORT FOR ROK SECURITY

Additional statements affirming U.S. support for Korean security have been made from time to time. These would include, for example, the communiques issued after the Presidential meetings of 1965, 1966, 1968, and 1969, copies of which are submitted for the record, and the statement of Vice President Humphrey on February 23, 1966. None of these statements extends the U.S. commitment originally stated in the Mutual Security Treaty.

Senator SYMINGTON. Would you detail somewhat this statement that Vice President Humphrey made February 23, 1966?

Mr. PORTER. On that occasion, on February 23, 1966, the then Vice President said:

As long as there is one American soldier on the line of the border, the demarcation line, the whole and entire power of the United States of America is committed to the security and defense of Korea.

Senator SYMINGTON. When a statement like that is made by the Vice President, is it the feeling of the State Department for whom you are speaking, and the executive branch that that constitutes a commitment of the United States?

Mr. PORTER. It is our feeling that it does not in any way override the provisions of the defense treaty itself.

Senator SYMINGTON. Does it extend it?

Mr. PORTER. No, sir.

Senator SYMINGTON. Then why is it important if it does not change anything, why do you list it?

Mr. PORTER. We listed it as a result of the question put by the committee, sir.

Senator SYMINGTON. A very good answer, Mr. Ambassador. Will you proceed?

Mr. PORTER. Yes, sir.

Senator FULBRIGHT. I think it is a good answer anyway.

Mr. PORTER. Additional statements affirming the U.S. support for Korean security have been made from time to time. These would include, for example, the communiques issued after the Presidential meetings of 1965, 1966, 1968, and 1969, copies of which are submitted. for the record, and the statement of Vice President Humphrey on February 23, 1966. None of these statements extends the U.S. commitment originally stated in the Mutual Security Treaty.

The most recent authoritative reaffirmation of the commitment was contained in the communique issued by President Nixon and President Park of Korea in San Francisco on August 22, 1969, following their meeting. It reads as follows:

The two Presidents agreed that Republic of Korea forces and American forces stationed in Korea must remain strong and alert and the two Presidents reaffirmed the determination of their Governments to meet the armed attack against the Republic of Korea in accordance with the Mutual Defense Treaty between the Republic of Korea and the United States.

AGREEMENTS AND UNDERSTANDINGS CONCERNING U.S. DEFENSE

COMMITMENTS

There are no secret agreements between the United States and the Republic of Korea Government bearing on this defense commitment. The agreements and understandings reached at these Presidential meetings are set forth in the communiques.

The Mutual Defense Assistance Agreement of January 26, 1950, sets forth terms under which the United States would furnish assistance to the Republic of Korea under the Mutual Defense Assistance Act of 1949.

An agreement for the establishment of the U.S. Military Advisory Group to the Republic of Korea was signed on January 26, 1950, and amended on October 21, 1960.

The 16-nation declaration on Korea of July 27, 1953, signed by the United States and the other 15 nations who contributed troops in Korea, affirmed that if there were a renewal of armed attack, they should again be united and prompt to resist, and warned that a breach of the armistice would be so grave that it probably would not be possible to confine hostilities within the frontiers of Korea.

Copies of these documents are attached for the record.

(The documents referred to appear on pages 1715 through 1716.) Mr. PAUL. Could I suggest at this point, Mr. Chairman, that Ambassador Porter also read the first full paragraph on (page 1705), which I think is relevant to this.

Mr. PORTER. We have no commitment to the Koreans, either in connection with their dispatch of troops to South Vietnam or otherwise,