The Treaty on Basic Relations Between Japan and the Republic of Korea (Japanese: 日韓基本条約; Korean: 한일기본조약) was signed on June 22, 1965. It established basic diplomatic relations between Japan and South Korea.
As South Korea was not a signatory state of the Treaty of San Francisco, it was not entitled to the benefits of Article 14, which stipulated the reparations by Japan. However, by the provisions of Article 21 of that treaty, South Korea was entitled to be an authority applied to Article 4, which stated the arrangement of property and claims.
The Treaty was the fruit of the "Korea–Japan Talks," a series of bilateral talks held between South Korea and Japan from October 1951 to June 1965 to normalize diplomatic relations. Over that period of 14 years, a total of seven talks were held.
This slow progress can be at least partially attributed to the bitter history between the two nations. Issues surrounding inequalities during their long, complex relationship were often brought up when discussing how to make the treaty equitable for both sides and stalled negotiations. Additional historical animosity based on past conflicts such as the Imjin War, as well as the legacy of Japanese colonial rule, also slowed progress. Even after the treaty was passed this attitude remained, with the governments being largely ambivalent and the people of both Japan and South Korea protesting against the treaty and its provisions.
A large portion of why the treaty was finally passed on June 22, 1965, was American involvement. The United States was in the midst of The Cold War, and was allies with both The Republic of Korea and Japan. Much of East Asia had turned to communism, causing great anxiety in the State Department. This caused the foreign service to emphasize the need for their two major allies in the region to cooperate and normalize relations.
This was treated as a major concern for the East Asian and South Korean affairs departments and was a frequent topic of discussion. U.S. involvement in the negotiations of the treaty ranged from mediation, the United States sending diplomats and ambassadors to speak with officials negotiating the treaty, and even telegrams to the President of South Korea in the weeks before the treaty was signed.
In his 1974 Nobel Peace Prize lecture, Eisaku Satō explicitly mentioned the Treaty on Basic Relations between Japan and South Korea. He described "the guiding spirit of equality and mutual advantage and the realistic approach of seeking to establish friendship with close neighbors" as significant aspects of the extended negotiations which produced the bilateral agreement.
In October 2018, the Supreme Court of South Korea issued a ruling which ordered Mitsubishi Heavy to compensate the victims of forced labor. The company has not done so, with Japan arguing the matter was settled under the 1965 treaty. The Japanese Government has maintained that this ruling, along with the one made on Japan's position in relations to the Korean "comfort women" (i.e. forced sexual slavery) in January 2021, is a breach of the 1965 treaty.
Diplomatic and consular relations shall be established between the High Contracting Parties. The High Contracting Parties shall exchange diplomatic envoys with the Ambassadorial rank without delay. The High Contracting Parties will also establish consulates at locations to be agreed upon by the two Governments.
It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910 are already null and void.
It is confirmed that the Government of the Republic of Korea is the only lawful Government in Korea as specified in the Resolution 195 (III) of the United Nations General Assembly.
(a) The High Contracting Parties will be guided by the principles of the Charter of the United Nations in their mutual relations.
(b) The High Contracting Parties will cooperate in conformity with the principles of the Charter of the United Nations in promoting their mutual welfare and common interests.
The High Contracting Parties will enter into negotiations at the earliest practicable date for the conclusion of treaties or agreements to place their trading, maritime and other commercial relations on a stable and friendly basis.
The High Contracting Parties will enter into negotiations at the earliest practicable date for the conclusion of an agreement relating to civil air transport.
The present Treaty shall be ratified. The instruments of ratification shall be exchanged at Seoul as soon as possible. The present Treaty shall enter into force as from the date on which the instruments of ratification are exchanged.
In witness whereof, the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.
Done in duplicate at Tokyo, this twenty-second day of June of the year one thousand nine hundred and sixty-five in the Japanese, Korean, and English languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail.