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2014-09-12

1948.09.11〈美韓間財政與財產相關協定〉中文翻譯:Taimocracy

Initial Financial and Property Settlement:

財政與財產初步解決方案
美國與韓國間之協議與補充文件
翻譯:Taimocracy

Agreement and supplement signed at Seoul September 11, 1948,簽署於漢城,1948911
Ratified by Korea September 18, 1948,韓國批准於1948918
Korean ratification notified to the United States September 20, 1948,韓國通知美國於1948920
Entered into force September 20, 1948,生效於1948920

Article VII superseded by agreement of June 13, 1949[1] ,第七條被1949613日之協議廢除
Superseded in part by article II of agreement of July 9, 1966[2] ,被196679日協議之第二條部分廢除
Article IX modified by agreement of June 14 and July 5, 1971[3] ,第九條被197165日之協議所修正

62 Stat 3422; Treaties and Other
International Acts Series 1851

Initial Financial and Property Settlement between the Government of the United States of America and the Government of the Republic of Korea
美利堅合眾國政府與大韓民國政府間有關財政與財產之初步協議

Preamble
前言
The Government of the United States of America and the Government of the Republic of Korea, in view of the note of August 9, 1948 from the President of the Republic of Korea to the Commanding General, United States Army Forces in Korea, the note of August 11 1948,[4] from the Commanding General, United States Army Forces in Korea to the President of the Government of the Republic of Korea, and in view of the desirability of concluding an initial financial and property settlement between the Government of the United States of America and the Government of the Republic of Korea, the undersigned, being duly authorized by their respective Governments for that purpose agree as follows.
鑒於194889日大韓民國總統致駐韓美國陸軍司令之照會、1948811日駐韓美國陸軍司令致大韓民國總統之照會,並鑒於美利堅合眾國政府與大韓民國政府簽署有關財務與財產初步協議之意願,此文件末之簽名者在各自政府充分授權下簽署此條約,雙方同意如下:

Article I
第一條

The Government of the United States of America hereby transfers to the Government of the Republic of Korea all right, title, and interest held by the United States of America to all property classified as national property in the land and buildings ledgers, and map books of the district tax offices and the land and buildings registers of the courts, together with all improvements on and additions to such property, all cash and bank deposits of the United States Army Military Government in Korea and of the South Korean Interim Government, all equipment, supplies and other property held by the departments, offices and agencies of the United States Army Military Government in Korea and of the South Korean Interim Government, including all relief and rehabilitation supplies heretofore furnished to the Korean economy by the Government of the United States of America. 
美利堅合眾國政府茲移轉給大韓民國政府:美利堅合眾國政府所持有在土地與建築帳冊、稅捐機構之圖冊、以及法院之土地建築權狀之中被歸類為國家財產之一切權利、名義與利益,併同此財產之一切改良與增建部分;美軍駐韓國軍政府與南韓臨時政府之一切現金與銀行存款;美軍駐韓國軍政府與南韓臨時政府之部門、處室、機構所持有之所有設備、物資與其他財產,包括美利堅合眾國政府對韓國經濟迄今為止所提供之援助與重建之一切物資。

Military property of the Government of the United States of America furnished to the Korean Constabulary, Police, or Coast Guard will be transferred to the Government of the Republic of Korea from time to time as authority for such transfer is given by the Government of the United States of America to its representative in Korea.
美利堅合眾國政府所提供給韓國保安部隊、警察、或海岸防衛隊之軍事財產,將不定時陸續移轉給大韓民國政府,此乃由於美利堅合眾國政府已將此移轉之權限授予其在韓國之代表。

Such transfers of military property shall be accomplished through the Office of the Foreign Liquidation Commissioner of the United States Department of State and in accordance with separate agreements to be entered into between said Foreign Liquidation Commissioner and the Government of the Republic of Korea.
此等軍事財產之移轉,應由「美利堅合眾國國務院外國清償委員會辦公室」依據該委員會與大韓民國政府之間將簽訂之個別協議執行。

The Government of the Republic of Korea agrees that property retained for use by or under the control of the United States Army Forces in Korea during the period of troop withdrawal shall be made available for the use of the Government of the United States of America and maintained without charge to the Government of the United States of America during the period of troop withdrawal.
大韓民國政府同意,駐韓美軍撤軍期間所使用或控制之財產,大韓政府將提供美利堅合眾國於撤軍期間無償使用。

The Government of the Republic of Korea agrees that properties specified in Exhibit A shall be made available for the temporary use of the Government of the United States under free leaseholds, and further agrees that it will bear all costs in Korean currency for the repair and maintenance of such properties.
大韓民國政府同意,在附錄A所列之財產應暫由美利堅合眾國政府無償使用,大韓民國政府並同意負擔相關修繕與維護之韓圜成本。

The Government of the Republic of Korea hereby assumes and relieves the Government of the United States of America of all liability for the South Korean Interim Government overdraft account at the Bank of Chosun, commitments under loans guaranteed by the United States Army Military Government in Korea, its agencies and instrumentalities, and by the South Korean Interim Government, and all other obligations incurred by the United States Army Military Government in Korea and by the South Korean Interim Government, including present and future claims of every kind and description.
大韓民國政府茲承受並免除美利堅合眾國政府以下之法律責任:為南韓臨時政府在朝鮮銀行所設之透支帳戶;由美軍駐韓國軍政府及其附屬機構、以及南韓臨時政府所做之貸款擔保;美軍駐韓國軍政府及南韓臨時政府所承擔之所有其他義務,包括現在與未來一切形式與性質之權利主張。

This section shall be effective until an agreement comes into effect between the Government of the United States of America and the Government of the Republic of Korea on aid to the Government of the Republic of Korea.
本條之效力迄美利堅合眾國與大韓民國就援助大韓民國政府之協議生效為止。

To the extent that relief and rehabilitation supplies still on hand or hereafter received are transferred to the Government of the Republic of Korea by the Government of the United States of America, such transfer shall be made in a progressive and orderly manner, and the Government of the Republic of Korea shall assume responsibility for the receipt, allocation, distribution and accounting for American financed supplies. 
關於美利堅合眾國移轉給大韓民國政府目前大韓民國政府已持有或者即將收受之救援與重建物資,其移轉必須以漸進有序的方式為之。大韓民國應負起美國支援物資之接收、分配、發送、及記帳之責任。

Net won proceeds and accounts receivable derived from the sales of relief and rehabilitation supplies by the United States Military Government in Korea or by the South Korean Interim Government, shall be turned over to the Government of the Republic of Korea.
美軍駐韓國軍政府或南韓臨時政府所提供之救援與重建物資,其變現所得之韓圜淨收益與應收帳款,應移交予大韓民國政府。

The Government of the Republic of Korea agrees to deposit these proceeds in a special account in its name in the Bank of Chosun.
大韓民國政府同意,將此收益存放在以其名義於朝鮮銀行所開設之特別帳戶。

The Government of the Republic of Korea further agrees to deposit in this special account the proceeds of all sales of relief and rehabilitation supplies which have been or may be transferred by the Government of the United States of America to the Government of the Republic of Korea. Disbursement from this special account will be made only for such purposes as are agreed upon between the senior representative of the Government of the United States of America and the Government of the Republic of Korea.
大韓民國政府並同意,美利堅合眾國已經移轉或將可能移轉給大韓民國政府之救援及重建物資,其出售所得也存放在此特別帳戶。此特別帳戶之支出,必須符合美利堅合眾國資深代表與大韓人民共和國政府所同意之用途。

Net proceeds in Korean currency and accounts receivable derived from sales of certain property declared surplus to the Office of the Foreign Liquidation Commissioner of the United States Department of State and heretofore furnished to the Korean economy are hereby transferred to the Government of the Republic of Korea.
「美利堅合眾國國務院外國清償委員會辦公室」所結餘之特定財產之變現,並迄今已投入促進韓國經濟者,其所產生之韓國通貨及應收帳款之淨收益,茲移轉予大韓民國政府。



Article II
第二條
The Government of the United States of America agrees to effect settlement for all imports from Japan for the Korean economy delivered between September 9, 1945, and the effective date of this agreement, less the value of Korean exports shipped to Japan during such period.
美利堅合眾國政府同意,結算自194599日起迄本協議生效日為止之所有為韓國經濟所需而由日本進口之物資,扣除同期間內韓國對日本之輸出。

Article III
第三條
The Government of the United States of America hereby transfers from its custody to the custody of the Government of the Republic of Korea any property in Korea which may have been owned or controlled, directly or indirectly, in whole or in part, on or since August 9, 1945, by Germany; or by any German nationals, corporations, societies, associations, or any other German organization.  The Government of the Republic of Korea agrees to take all necessary measures to facilitate such transfers of German assets in Korea as may be determined by the United States of America in consultation with the Republic of France and the United Kingdom of Great Britain and Northern Ireland.
美利堅合眾國政府茲移轉予大韓民國政府其所保管之由德國政府或任何德國國民、企業、社團、協會或其他任何德國組織於194589日當日或之後,所直接或間接、全部或部分擁有或持有之任何在韓財產。大韓民國政府同意,依照美利堅合眾國政府在諮詢法蘭西共和國與聯合王國後所作之決定,採取一切必要步驟協助前述之德國在韓財產之移轉。

Article IV
The Government of the United States of America hereby transfers to the Government of the Republic of Korea the Korean Foreign Exchange Bank shares presently owned and held by the United States Army Military Government in Korea, together with all the assets and liabilities of said Bank.
美利堅合眾國政府茲移轉予大韓民國政府現由美軍駐韓國軍政府所擁有之韓國外匯銀行股份,連同該銀行之一切資產與負債。

The Government of the United States of America hereby transfers to the Government of the Republic of Korea the net residual balances of foreign exchange now standing to the credit of the South Korean Interim Government in said Bank, subject to allocation and use only after consultation with and concurrence of the senior representative in Korea of the Government of the United States of America.
美利堅合眾國政府茲移轉予大韓民國政府,現由南韓臨時政府所擁有存於前述銀行之外匯淨值。其分配與使用應諮詢美利堅合眾國派駐大韓民國資深代表,並獲其同意後為之。

Pending further agreement between the Government of the United States of America and the Government of the Republic of Korea, existing foreign exchange controls shall be retained by the Government of the Republic of Korea.
在美利堅合眾國政府與大韓民國政府進一步的協議之前,現有之外匯控制權應由大韓民國政府保有。

Article V
The Government of the Republic of Korea recognizes and ratifies such disposition of former Japanese public and private property vested under Ordinance Number 33 of the United States Army Military Government in Korea as has already been effected by the United States Army Military Government in Korea. Except for the reservations in respect to the acquisition and use of property by the Government of the United States of America contained in Articles I and IX of this agreement, the remaining vested but unsold property, the net unexpended proceeds from rentals and sales of vested property, together with all accounts receivable and sales contracts, shall be transferred to the Government of the Republic of Korea in the following way.
大韓民國政府認可並批准美軍駐韓國軍政府〈美軍駐韓國軍政府第33號指令〉所授予之舊有日本公私財產之處置,美軍駐韓國軍政府已使該指令生效。除了保留本協議第一及第四條所提之美利堅合眾國政府財產之取得及使用之外,其餘被授予但未售出之財產、租賃及賣出所授予財產之淨值收益,連帶所有應收帳目及買賣合同,應以下列方式移轉予大韓民國政府。

a.  All cash, bank deposits or other liquid assets are hereby transferred as of the effective date of this agreement.  
一切現金、銀行帳戶、或其餘動產,應於本協議生效之後移轉。

b.  All other vested property that is to be transferred, together with all available inventories, maps, deeds, or other evidences of ownership, will be turned over progressively to the Government of the Republic of Korea, supported by balance sheets, operating statements, and other financial records relating to vested property, as rapidly as an orderly transfer can be effected.
其餘所有應被移轉之財產,連帶一切可取得之清單、圖冊、契據、或其他所有權之證明文件,外帶資產負債表、營業損益表、及其他與該財產有關之財務紀錄,應以最快而有秩序的移轉方式,逐步移交予大韓民國政府。

The Government of the Republic of Korea agrees to establish a separate governmental agency to receive and administer for the benefit of the Korean people the property heretofore vested under Ordinance No 33 which is or will be transferred to the Government of the Republic of Korea under the provisions of this Article.
大韓民國政府同意另立專責政府機構,為韓國人民接受及管理〈33號指令〉所授予之財產,該財產依照此條款規定被移轉或將被移轉予大韓民國政府。

The Government of the Republic of Korea will respect, preserve and protect the rights and interests, direct or indirect, of nationals of countries at war with Japan, in former Japanese property in Korea acquired by the Government of the Republic of Korea in accordance with this Article provided such rights and interests were legally acquired by bona fide transfer prior to the effective date of Ordinance No 33.
對日作戰國之國民,如若於〈33號指令〉實施之前確實合法取得大韓民國政府根據本條款所獲得之日本在韓財產直接或間接之權益,大韓民國政府將尊重、保留、並保護其權益。

The Government of the Republic of Korea hereby relieves the United States of America of all liability including all current and future claims arising out of the vesting administration and disposal of the property referred to in this Article.
針對所有目前與未來因管理或處分此條款所提及之財產而產生之主張,大韓民國政府茲免除美利堅合眾國政府之一切法律責任。

Article VI
Property in Korea of United Nations nationals, which was seized, confiscated or sequestered by the Imperial Japanese Government under its wartime regulations, together with property in Korea of other persons which was treated by the Imperial Japanese Government as enemy property, and which is transferred to the Government of the Republic of Korea under the provisions of Article V, will be protected and preserved by the Government of the Republic of Korea pending its return to its rightful owners, provided such owners request the return of the property within a reasonable period.
聯合國國民在韓國被日本帝國政府依據戰時法規所奪取、沒收、扣押之財產,併同其他個人被日本帝國政府視為敵產及依據本協議第5條移轉至大韓民國政府之在韓財產,在歸還其合法所有人之前應由大韓民國政府保護及保留,以便財產所有人於合理時限內要求歸還。

The Government of the Republic of Korea undertakes to return all such identifiable property, if not otherwise provided for by mutual agreement between the owner and the Government of the Republic of Korea.
如果財產所有人與大韓民國政府雙方並無協議另行規定,大韓民國政府將負責所有可確認的此類財產之歸還。

Continuing the policy initiated by the United States Army Military Government in Korea, the Government of the Republic of Korea undertakes to compensate the owners for damage or loss to such property during the period that it was not under the control of such owners, to the same degree as compensation is paid by the Government of the Republic of Korea for loss or damage to Korean property seized, confiscated or sequestered for war purposes by the Imperial Japanese Government, its agencies, instrumentalities, or its nationals.
大韓民國政府將持續美軍駐韓國軍政府之政策,補償此類財產在被奪期間之破壞或遺失,其補償程度則按照大韓民國政府補償韓國人財產在遭受日本帝國政府及其機構或國民因戰爭而奪取、沒收、扣押期間之破壞或遺失。

The Government of the Republic of Korea hereby relieves the Government of the United States of America from liability for any claim arising out of the administration of property referred to in this Article prior to the effective date of this agreement.
針對本條款生效前因管理此條款所提及之財產而產生之任何主張,大韓民國政府茲免除美利堅合眾國政府之法律責任。

Article VII[5]
The Government of the United States of America and the Government of the Republic of Korea agree to collaborate in arranging a satisfactory settlement of any unpaid debt owing to the Soviet authorities in Korea for power furnished for the Korean economy from September 9, 1945, to the effective date of this Agreement.
美利堅合眾國政府與大韓民國政府同意,針對為了韓國經濟自194599日迄本協議生效日欠蘇聯駐朝鮮當局之任何尚未清償之電力債務,進行合作以安排滿意之解決方案。

The Government of the United States of America further agrees to liquidate this debt, whenever a fair value of the unpaid debt has been agreed upon by the representatives of the Soviet and United States authorities.
在蘇聯與美利堅合眾國政府之代表們協調出債務之公允價格下,美利堅合眾國政府並同意,可隨時清償前述債務。

Article VIII
The Government of the United States of America, through the United States Army Military Government in Korea, has reimbursed Korea at a fair dollar value for all goods, services and facilities provided for and to the United States Army Forces in Korea from the Korean economy for the period from September 9, 1945, through June 30, 1948, inclusive; and for all claims of every kind and description against the Government of the United States of America, its officials, employees, or agencies and instrumentalities, raised or which may be raised by the Government of the Republic of Korea, its nationals, or other individuals and organizations, as a result of the occupation of Korea by the United States Army Forces in Korea during such period.
美利堅合眾國政府透過美軍駐韓國軍政府,以公允的美元計價,已經償還韓國自194599當日至1948630當日為止供養及提供駐韓美軍之物資、服務與設施;在同期間由於駐韓美軍對韓國之佔領,致使大韓民國政府、其國民、或者其他個人及組織,對美利堅合眾國政府、其官員、雇員、或者機構及部門提出或可能提出之各種類型與性質之一切權利主張。

The Government of the Republic of Korea agrees that this payment constitutes full final and complete settlement for all goods and services used by or provided to the United States Army Forces in Korea during the forementioned period, and for all claims of every kind and description against the Government of the United States of America, its officials, employees, or agencies and instrumentalities, raised or which may be raised by the Government of the Republic of Korea, its instrumentalities, nationals, or other individuals, or organizations as a result of the occupation of Korea by the United States Army Forces for the period from September 9, 1945, through June 30, 1948.
大韓民國政府同意,此清償已對下列做了完整且最終的解決在前述期間駐韓美軍所使用或被提供之一切物資與服務;因美軍自194599日至1948630日止佔領韓國,而使大韓民國政府、其機構、國民、或其他個人或組織,對美利堅合眾國政府、其官員、雇員或機構組織提出或可能提出之各種類型及性質之一切權利主張。

The Government of the Republic of Korea further discharges and agrees to save harmless, the Government of the United States of America, its officials, employees, or agencies and instrumentalities, its nationals or other individuals and organizations, from all claims of every kind and description arising as a result of the occupation of Korea by the United States Army Forces in Korea during the period prior to July 1, 1948.
大韓民國政府進而撤銷並同意免除美利堅合眾國政府、其官員、雇員、或機構組織、其國民、或其他個人與組織,於194871日之前因美軍佔領韓國所衍生之各種類型與性質之權利主張。

The Government of the Republic of Korea hereby recognizes and ratifies the agreement under which the above mentioned payment to Korea was effected.  The Government of the Republic of Korea also assumes and relieves the Government of the United States of America of all liability for funds used from the overdraft account at the Bank of Chosun entitled “United States Army Military Government in Korea Funding Account.”
大韓民國政府茲認可並批准上述對韓國清償的協議。針對朝鮮銀行內「美軍駐韓國軍政府基金帳戶」之透支帳戶內之基金,大韓民國亦承受並免除美利堅合眾國政府之一切法律責任。

The Government of the Republic of Korea agrees that the Commanding General, United States Army Forces in Korea shall continue to draw won from the overdraft account at the Bank of Chosun presently entitled “United States Army Military Government in Korea Funding Account No. 2” and the Government of the United States of America hereby agrees to pay to the Government of the Republic of Korea in dollars or other United States assets, the fair dollar value of all goods and services procured in the Korean economy with won drawn from such account.  大韓民國政府同意,駐韓美軍司令得持續從朝鮮銀行之「美軍駐韓國軍政府第二號基金」帳戶之透支帳戶提取韓圜;美利堅合眾國政府茲同意,為清償由此帳戶所提取之韓圜以支付所有在韓國所取得之物資及服務,願以公允換算之美元或其他美國資產支付大韓民國政府。

Article IX[6]
a  In consideration for certain property heretofore furnished to the Korean economy by the Government of the United States of America through the Office of the Foreign Liquidation Commissioner of the United States Department of State and the United States Army Military Government in Korea, including the net proceeds in Korean currency arising from the sale of such property, the Government of the Republic of Korea agrees to pay to the Government of the United States of America in the manner provided in the terms of this Article the value of said property, not to exceed the equivalent of $25,000,000 as shown on the records of said Foreign Liquidation Commissioner, covering the transfer of such property to the United States Army Military Government in Korea.  有關美利堅合眾國政府透過「美國國務院外國清算委員會」與「美軍駐韓國軍政府」迄今所提供予韓國經濟之財產,包括因銷售此財產所得之韓圜款項淨額,大韓民國政府同意以本條款所述方式支付美利堅合眾國政府該財產之等值費用,不得超過美國國務院外國清償委員會所記錄之2,500萬美元,內含將該財產轉給美軍駐韓國軍政府之移轉費用。

Interest shall accrue at the rate of 2 g per centum per annum from July 1, 1948, on the unpaid balance of the total fair value of said property, and shall be due and payable in Korean currency on July 1, of each year, the first payment to be made on July 1, 1949.
該財產公允換算後之總值,其尚未清償部分自194871日起以年利率百分之二計算利息,且應於每年71日以韓圜支付,第一筆應於194971日支付。

b  At such times and in such amounts as shall be specified by the Government of the United States of America, the Government of the Republic of Korea shall pay in Korean currency all or part of the balance then due under the indebtedness set forth in this Article, including interest due and unpaid, if any, less any credits made for property as provided in paragraph d of this Article, and the Government of the United States of America shall credit the balance due under such indebtedness with the United States dollar equivalent of such currency.
在美利堅合眾國所指定之時間與數額下,大韓民國政府應以韓圜支付本條款所載明之債務之一切或部分餘額,包含若有到期尚未清償之利息,扣除本條 d 項所規定財產之貸款,而美利堅合眾國政府應以等值美元抵銷該債務餘額。

Any currency so received by the Government of the United States of America shall be used in accordance with the provisions set forth in paragraph c of this Article.
美利堅合眾國政府所收受之任何通貨,應依照本條c段落之規定使用。

c  The Government of the United States of America and the Government of the Republic of Korea agree that the Korean currency to be received by the Government of the United States of America as provided in paragraph b of this Article, as well as the Korean currency to be received by the Government of the United States of America as interest provided in paragraph a of this Article, shall be expended in Korea and may be used for the payment of any or all expenditures in Korea of the Government of the United States of America including expenditures for:
美利堅合眾國政府與大韓民國政府同意,美利堅合眾國政府根據本條b項所收取之韓圜,以及美利堅合眾國政府根據本條a項所收取之韓圜利息,應在韓國現地消費,並得支付美利堅合眾國政府在韓國之任何或一切費用,包括:

(1)       Such educational programs as may be mutually agreed upon by the two Governments, and
    雙方政府同意之教育計劃
(2)       the acquisition of property located in Korea, either real or personal, tangible or intangible, including improvements to any property in which the Government of the United States of America has an interest.  Such property shall include initially the property listed in the Supplement to this Agreement.
購買位於韓國之不動產或動產,有形或無形之財產,包括美利堅合眾國政府有相關利益之財產改善。此等財產得包括本協議之附件所羅列之項目。

d  At the request of the Government of the United States of America, the Government of the Republic of Korea shall deliver title to such property as may, by mutual agreement, be acquired by the Government of the United States of America in accordance with the terms of this Article.
在美利堅合眾國政府要求之下,大韓民國政府應移轉美利堅合眾國政府根據本條規定所購得之財產之名義。

Upon the delivery of title to such property by the Government of the Republic of Korea to the Government of the United States of America, the Government of the United States of America shall credit the account of the Government of the Republic of Korea under this Article with the agreed upon fair dollar value of such property.
該財產之名義從大韓民國政府移轉給美利堅合眾國政府之際,美利堅合眾國政府應根據本條規定,以該財產雙方所同意之公允價格之美元,存入大韓民國政府帳戶。

e  Except as may be provided by special agreement between the two Governments, the Government of the United States of America shall not request the Government of the Republic of Korea to make payment in Korean currency or to deliver title to property located in Korea, as provided in paragraphs b and d of this Article, the combined total amount of which exceeds in any single fiscal year beginning July 1, the equivalent value of $5,000,000 plus interest due and payable as provided in paragraph a of this Article.
除非兩國政府之間有特別協議另行規定,大韓民國政府根據本條 b項與d項所支付之韓圜或移轉名義之韓國境內財產,其總額從71日起的任一會計年度內都不得超過500萬美元,包含本條a項所規定之到期應付之利息。

f  The won equivalent of the dollar obligations assumed by the Government of the Republic of Korea under the terms of this Agreement shall be calculated by mutual agreement between the Government of the Republic of Korea and the Government of the United States of America, such calculations to be made immediately prior to each payment.  The won equivalent in any case shall be no less favorable to the Government of the United States of America than the conversion rate legally available to any third party at the time of each transaction.
大韓民國政府根據本協議所承受之美元債務,其等值之韓圜兌換,應以大韓民國政府與美利堅合眾國政府雙方同意之方式計算,並於每次付款當下計算。每筆給付之法定美元兌換率,在任何狀況下都不得低於同時間美利堅合眾國與任何第三方之交易。

Article X
The Government of the Republic of Korea hereby agrees that it will not permit the re export or diversion of equipment, supplies and other property furnished to it by the Government of the United States of America under the terms of this Agreement unless such re export or diversion is approved by a duly authorized representative of the Government of the United States of America.
根據本協議,大韓民國政府茲同意不得再出口或轉口美利堅合眾國政府所援助之設備、物資、及其他財產,除非由美利堅合眾國政府正式授權之代表批准出口或轉口。

Article XI
The Government of the Republic of Korea agrees to continue in full force and effect all existing laws, ordinances, public acts, and regulations of the United States Army Military Government in Korea and/or of the South Korean Interim Government until repealed or amended by the Government of the Republic of Korea.
大韓民國政府同意,繼續全力而有效地執行美軍駐韓國軍政府與南韓臨時政府單方或雙方之既有法律、指令、公共法令與規定,直到大韓民國政府廢除或修訂為止。

Article XII
Pending negotiation of mutually satisfactory treaties of amity and commerce, it is agreed by the contracting parties that the rights and privileges now enjoyed by United Nations nationals and firms engaged in lawful pursuits in Korea shall be respected and affirmed.
在尚未談妥彼此滿意之友好與商業條約之前,簽署雙方同意:目前在韓國從事合法活動之聯合國國民與企業,其權利與特權應受尊重與確認。

Article XIII
Administrative control over the accounts, properties, and operating facilities transferred to the Government of the Republic of Korea under the terms of this Agreement shall be turned over in a progressive and orderly manner to the authorized officials of the Government of the Republic of Korea within 30 days from the effective date of this Agreement, or as rapidly as the Government of the Republic of Korea is prepared to assume such operations and responsibilities, except that administrative control over vested properties and over relief and rehabilitation supplies shall be turned over not later than 90 days from the effective date of this Agreement, or as rapidly as the Government of the Republic of Korea is prepared to assume such operations and responsibilities.
根據本協議而移轉予大韓民國政府之帳戶、財產、及營運設施之行政管理權限,應於本協議生效日起30天內漸進有序地移交給大韓民國正式授權官員,或者只要大韓民國政府準備好承受此作業與責任即可移交。被授予之財產以及援助與重建物資之行政管理權限之移交,則不得遲於本協議生效日起90天內,或者只要大韓民國政府準備好承受此作業與責任即可移交。

Article XIV
Until such time as the United States Army Forces in Korea are withdrawn from Korea, the Government of the United States of America and the Government of the Republic of Korea agree that they shall be bound by, and shall respect all agreements previously made between the United States Army Forces in Korea and the several Departments of the United States Army Military Government in Korea concerning the use of certain transportation, communication, and other facilities and services by the United States Army Forces in Korea.
在駐韓美軍從韓國撤退之前,美利堅合眾國政府與大韓民國政府同意,雙方遵守並尊重先前駐韓美軍與美軍駐韓國軍政府各部門之間所簽署有關駐韓美軍之運輸、通訊、及其餘設施與服務之協議。

The present Agreement shall become effective with the formal notification to the Government of the United States of America that the Korean National Assembly has consented to this Agreement.
本協議應在美利堅合眾國政府收到大韓民國國會同意之正式通知後生效。

Done in duplicate in the English and Korean languages at Seoul, Korea, this 11th day of September 1948. The English and the Korean texts shall have equal force, but in the case of divergence, the English text shall prevail.
1948911日於首爾以英文與韓文簽署。英文與韓文版本有相同效力,若有疑義時以英文版為準。

For the Government of the United States of America 美利堅合眾國政府
John J. Muccio
For the Government of the Republic of Korea 大韓民國政府
Lee, Bumsuk
T. S. Chang
[seal]蓋印  


Supplement to the Initial Financial and Property Settlement

This Agreement between the Government of the United States of America, hereinafter called “United States,” and the Government of the Republic of Korea, hereinafter called “Korea,” is supplemental to the “Initial Financial and Property Settlement,” Article IX, this date, and covers the transfer of real property in return for surplus property furnished Korea.
Witnesseth:
Whereas, the “Initial Financial and Property Settlement” between Korea and the United States provides in Article IX that at the request of the United States, Korea shall deliver title to such property located in Korea in which the United States has an interest, and
Whereas, Korea has agreed in Section d of the Article of the Agreement above referred to to make available property desired by the United States at prices to be agreed upon by the Governments, and
Whereas, the United States has already selected certain properties which it desires to receive under the terms of the Agreement referred to above,

Now, therefore, it is agreed:
1.  That Korea transfer, on or about the sixtieth day from the effective date of this Agreement, to the United States, at prices to be specified in dollars and to be determined by three recognized appraisers, one of whom shall be nominated by Korea, one by the United States, and the Chairman by the two appraisers first chosen, properties including but not limited to the following:
(A)  Dependent House & Lot No 10, 1-39 Chong Dong, 1,362 Pyung
(B)  Russian No. 1, 1- 39 Chong Dong, 720 Pyung
(C)  Vacant lot west of present US Consulate, 1- 9 Chong Dong, 1,414 Pyung
(D)  Vacant lots south of present US Consulate; part of the road now running beside the US Consulate leading to the property of the Seoul Club 8-1, 8-3, 8-4, 8-5, 8-6, 8-7, 8-8, 8-9, 8-10, and 8-17 Chong Dong, 535.40 Pyung
(E)  Triangular lot directly east of DH No. 10 and Russian No. 1, together with one warehouse, three houses and other buildings thereon. 1-39 Chong Dong, Sawdai Moon Koo, 1,675 Pyung
(F)  All of former Military Government Area #2, consisting of approximately 43 houses, miscellaneous other buildings, and the land on which situated. This is intended to include all property owned by the Siksan Bank in this area.  All of 49-1 Song Hyun Dong, and all of 96, 97-2, 98, 99, 102, 103-1, 104-1 and 104-2 of Sakan Dong together with all buildings thereon. 9,915 Pyung, more or less.
(G)  Banto Hotel and adjacent parking lot to East, 180-2 Ulchi Ro, Chongno Koo, 1,944 Pyung

In witness whereof the undersigned, duly authorized by their respective governments, have signed the present agreement in the English and Korean languages at Seoul, Korea, on the 1 1th day of September 1948.
The English and Korean texts shall have equal force, but in case of divergence, the English text shall prevail.

For the Government of the United States of America:
 John J Muccio
For the Government of the Republic of Korea:
 Lee, Bumsuk
 T. S. Chang

[seal]




EXHIBIT A
Properties to be made available by the Government of the Republic of Korea for the temporary use of the Government of the United States under free leaseholds, will include but will not be limited to the following:
(A)  Specified 51 houses and lots in the three military areas #1, #2, and #7.
(B)  DH #9, DH #109, DH #143, DH #218, DH #221, Billet #5, Billet #10 and Billet #1 1 in scattered areas.
(C)  Mitsui Building and lot opposite Banto Hotel.
(D)  OCI Information Center and lot (former Metropolitan Police building).
(E)  Special Troops area.
(F)  216th Quartermaster concrete warehouse in area near South Gate.
(G)  56 houses and lots in 7th Division area (Camp Sobingo).
(H)  57 housing units in Capitol grounds area.
(I)  Billet #32 (Kookje Hotel) and Billet #24 (Sudo Hotel).
(J)  Billet #23 (Nai Ja Apartments) comprising three buildings.
(K)  Billet #38 (Plaza Hotel).
(L)  Yong Dong Po dependent housing area #1, consisting of 8 usable houses and 15 apartments.







[1]  9 UST509 TIAS4026
[2]  17 UST 1677 TIAS 6127
[3]  22UST TIAS7169
[4]  Not printed
[5]  Superseded by agreement of June 13 1949 9 UST 509 TIAS 4026
[6]  For a supplement relating to art IX see p 489 Art IX modified by agreement of June 14 and July 5 1971

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