United Nations General Assembly Resolution 195

by the United Nations General Assembly

[195 (III). The Problem of the independence of Korea]

the General Assembly

Having regard its resolution 112(II) of 14 November 1947 concerning the problem of the independence of Korea,

Having considered the report^[1] of the United Nations Temporary Commission on Korea(hereinafter referred to as the "Temporary Commission"), and the report^[2] of the Interim Committee of the General Assembly regarding its consultation with the Temporary Commission,

Mindful of the fact that, due to difficulties referred to in the report of the Temporary Commission, the objectives set forth in the resolution of 14 November 1947 have not been fully accomplished, and in particular that unification of Korea has not yet been achieved,

1. Approves the conclusions of the reports of the Temporary Commission;

2. Declares that there has been established a lawful government ( the Government of te Republic of Korea) having effective controland jurisdiction over that part of Korea where the Temporary Commission was able to observe and consult and in which the great majority of the people of all Korea reside; that this Government is based on elevations which were a called expression of the free will of the electorate of that part of Korea and which were observed by the Temporary Commission; and that this is the only such Government in Korea;

3. Recommends that the occupying powers should withdraw their occupation forces from Korea as early as practicable;

4. Resolves that, as a means to the full accomplishment of the objectives set forth in the resolution of 14 November 1947, a Commission on Korea consisting of Australia,, China, El Salvador, France, India, the Philippines and Syria, shall be established to continue the work of the Temporary Commission and carry out the provisions of the present resolution, having in mind the status of the Government of Korea as herein defined, and in particular to :

(a) Lend its good offices to bring about the unification of Korea and the integration of all Korean security forces in accordance with the principles laid down by the General Assembly in the resolution of 14 November 1947;

(b) seek to facilitate the removal of barriers to economic, social and other friendly intercourse caused by the division of Korea;

(c ) Be available for observation and consultation in the further development of representative government based on the freely-expressed will of the people;

(d) Observe the actual withdrawal of the occupying forces and certify the fact of withdrawal when such has occurred; and for this purpose, if it so desires, request the assistance of military experts of the two occupying powers;

5. Decides that the Commission:

(a) Shall, within thirty days of the adoption of the present resolution, proceed to Korea, where it shall maintain its seat;

(b) shall be regarded as having superseded the Temporary Commission established by the resolution of 14 November 1947;

(c ) Is authorized to travel, consultand observe throughout Korea;

(d) Shall determine its own procedures;

(e) May consult with the Interim Committee with respect to the discharge of its duties in the light of developments and within the terms of the present resolution;

(f) Shall render a report to the next regular session of the General Assembly and to any prior special session which might be called to consider the subject-matter of the present resolution, and shall render such interim reports as it may deem appropriate to the Secretary-General for distribution to Members;

6. Requests that the Secretary-General shall provide the Commission with adequate staff and facilities, including technical advisers as required; and authorizes the Secretary-General to pay he expenses and per diem of a representative and an alternate from each of the states members of the Commission;

7. Calls upon the Member States concerned, the Government of the Republic of Korea, and all Koreans to afford every assistance and facility to the Commission in the fulfillment of its responsibilities;

8. Calls upon Member States to refrain from any acts derogatory to the results achieved and to be achieved by the United Nations in bringing about the complete independence and unity of Korea;

9. Recommends that Member States and other nations, in establishing their relations with the Government of the Republic of Korea, take into consideration the facts set out in paragraph 2 of the present resolution,

Hundred and eighty-seventh plenary meeting

12 December 1948.

Notes

1. See Official Records of the third session of the General Assembly, Supplement No, 9.
2. Ibid., Supplement No. 10, pages 10 to 21