Clear communication needed on 1965 treaty

Protesters stage a rally to denounce Japan's new trade restrictions on South Korea in front of the Japanese embassy in Seoul, Aug. 3. AP-Yonhap

By Do Je-hae

Despite Japan's denial, it is believed here that Japan's recent decision to remove South Korea from its list of trusted trading partners is a retaliation against a local court ruling on a historical dispute that is seen by Japan as going against the 1965 normalization treaty.

Japan has been consistent in claiming that all outstanding issues relating to colonial-era related compensation were settled completely in 1965 with Japan providing financial assistance and the neighboring countries agreeing to normalize their diplomatic relations.

However, South Korea has upheld individuals' rights to compensation for their suffering during the 1910-45 Japanese occupation of the Korean Peninsula, which still triggers lingering hostility among many Koreans and is even viewed as “illegal.” The escalating Korea-Japan tension, with bilateral relations at the lowest level since the signing of the treaty, mostly stems from stark differences in the two countries' respective interpretations of the normalization pact.

Many experts have noted that Japan's dissatisfaction toward South Korea has been building up particularly since the 2018 Supreme Court ruling, which ordered Japanese firms to compensate the Korean plaintiffs who had been forced to work in their factories during war. The Japanese government and firms have refused to abide by the ruling, mentioning the 1965 treaty.

The Moon administration's position is that due to its strict adherence to the separation of powers, it does not have any say in the judiciary's decision.

Under the Moon Jae-in administration, Tokyo's discontent grew as Seoul refused its proposal for a third-party arbitration into the ruling and scrapped a 2015 bilateral agreement on compensation for surviving South Korean victims of wartime sex slavery. Tokyo has viewed these actions as a breach of trust. Prime Minister Shinzo Abe has condemned South Korea as a “country that cannot trusted” and flatly accused Seoul of violating the normalization treaty.

Against this backdrop, South Korea could be seen as being somewhat dismissive of the 1965 treaty from the perspective of Abe and the Japanese people.

But is Seoul really ignoring the pact, as Japan claims?

According to Cheong Wa Dae, this is not the case at all, according to a briefing held by a top presidential aide held on Aug. 2. “We do not deny the 1965 treaty. We do not reject it. But our position is that the individual rights for compensation are still valid with regard to human rights violations and other crimes against humanity,” the presidential aide said. The aide also underlined that Japan had maintained a similar stance on the former Soviet Union regarding Japanese prisoners of war in Siberia after World War II.

After Tokyo's whitelist ban, calls have been mounting from some members of the ruling and opposition parties to reconsider the 1965 treaty, but a presidential aide told reporters on Aug. 5 that there were no such plans in this administration.

Korea has called on Japan to come to the negotiating table, but this is not going to happen any time soon without first restoring mutual trust.

Seoul needs to communicate more closely with Japanese officials and opinion leaders and make it abundantly clear that Seoul respects the 1965 treaty that has been at the core of bilateral relations for more than half a century. Convincing Japan that Korea fully respects bilateral treaties and international law can be a good start to mending frayed ties.