of resident Koreans who had not acquired permanent residence status.
“The special law concerning immigration control with respect to those whose Japanese
nationality was renounced based on the Peace Treaty with Japan” effectuated on January
1, 1991 (Immigration Bureau Special Law) established Law 126, which combines
Permanent Residence Status (of the 1965 Agreement) and Special Permanent Residence
together to create a “Special Permanent Resident Status,” which was aimed to further
improve their legal status in terms of deportation and reentry. The legal status of
resident Koreans with special permanent resident status has become closer to that of
Japanese citizens when compared to other foreign nationals. However, they remain
foreigners in Japan,153 with the exception of those who have been naturalized.154
The treatment of the nationality of Koreans residing in Japan has not always been clear.
The 1963 Nationality Act of DPRK (North Korea) and the 1948 Nationality Act of RK
(South Korea) both regard all Korean residents in Japan, excluding those who have been
naturalized, as their respective citizens. In an effort to avoid a political tangle between
the two Koreas, the Japanese government initially listed “Chosen (the area name
covering the Korean Peninsula and its surrounding islands)” on the alien registration
card for Koreans. When the individual so requested, this was later changed to “Kankoku
(the abbreviated name for the Republic of Korea)”. After the 1965 Treaty on Basic
Relations with the Republic of Korea, “Kankoku” was formally a nationality, but
“Chosen” was a mere symbol. The Japanese government has not recognized the DPRK
and its nationality law up to now, so it has applied the Republic of Korea’s nationality
law for nationality problems of resident Koreans.
The General Association of Korean Residents issues passports under authorization by
the North Korean Foreign Ministry, but these have not been approved as valid by the
Japanese Government. When residents in Japan travel abroad with this passport, the
Japanese government issues them a reentry permit. In administrative practice, a “foreign
country” in the Nationality Law refers to countries that Japan has recognized, so a
Japanese national cannot renounce Japanese nationality to acquire the nationality of the
DPRK. However, since the DPRK clearly satisfies requirements of a State under
153
It should be noted that there are more than a few Koreans who, unable to meet the requirements of
special permanent resident status for a variety of reasons, continue to reside as general permanent
residents.
154
The number of those acquiring Japanese nationality by naturalization has been increasing. See supra
note107.
56