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:: The ROK-US Mutual Defense Treaty

1. Background to the signing of the Mutual Defense Treaty

The diplomatic efforts of President Rhee led to the Armistice Agreement which has served as the foundation for the ROK-US Alliance, and the bedrock supporting the growth of democracy and prosperity in Korea.

In the spring of 1953, UN Forces and the North Korean military were negotiating for an armistice, despite the Korean people's desire for reunification and protests against an armistice. At that time, with the Soviet Union and China expanding their influence in East Asia, signing the armistice would only lead to another invasion by North Korea upon withdrawal of UN Forces.

President Rhee realized that the conclusion of an armistice agreement was inevitable and sent a letter to President Eisenhower. The letter requested the ROK and US to sign a Mutual Defense Treaty equivalent to the existing treaties between US-Philippines, US-Australia, and US-New Zealand, once an armistice agreement was signed. It also asked for economic aid to rebuild Korea.

However, ROK/US negotiations saw little progress, and President Rhee's plot seemed unviable. He risked trouble with his UN allies by setting free 27,388 "anti-communist POWs" from dbo168847587.prison camps in Busan, Daegu, Gwangju, Nonsan, Masan, Yeoncheon, and Bupyeong on June 18, 1953. Releasing anti-communist POWs was a demonstration of President Rhee's resolute will against any armistice negotiations that ignored the aspiration of the Korean people.

After receiving the confirmation that the anti-communists had successfully escaped, President Rhee made the following announcement:

"In the spirit of the Geneva Treaty and human rights, anti-communist Korean POWs should have been freed long ago... They have been unfairly detained for too long because of complicated international politics. There was a concern that the UN's negotiations with North Korea would complicate the international relationship even further, in favour of North Korea, and cause misunderstanding among the Korean people. That is why I ordered the release of anti-communist Korean POWs under my responsibility."

By freeing the anti-communist POWs, President Rhee had shown that Korea could act on its own regarding Korean peninsula issues. President Rhee knew that continuing the war would cause more suffering to the Korean people, but he also believed that an armistice, without a complete cease-fire would mean even greater suffering to prepare for another war. This is why he could not agree to an armistice treaty without any guarantee for the future of Korea. He continuously opposed an armistice until the US promised a mutual defense treaty and military aid after the war. The release of anti-communist POWs was a measure taken in this context.

The US government, shocked by the release of anti-communist prisoners by the ROK government, concluded that it would not be possible to sign and implement the armistice without Korean government's consent so the US sent Special Envoy Robertson to negotiate with the Korean government. The four major issues of focus for President Rhee during the negotiations were as follows:

The US government made commitments on President Rhee's requests and the Korean government agreed. On August 4, 1953, Secretary of State Dulles visited Korea to make final coordination on the draft made by President Rhee and special envoy Robertson.

The "ROK-US Mutual Defense Treaty" was initialled on August 7, 1953, and officially signed on October 1. The Treaty took effect from dbo168847587.November 18, 1954 after ratification by the Korean National Assembly and the US Congress.

The "ROK-US Mutual Defense Treaty" was realized mainly because of President Rhee's diplomatic efforts out of concern for the security of the ROK and the US's bold decision. The Mutual Defense Treaty still stands as the main pillar of the ROK's security and national strategy.

Beyond War and Toward Peace

2. The Meaning and Effect of the Mutual Defense Treaty

On October 1, 1953, an alliance was built on the common interests of peace and freedom, when the "Mutual Defense Treaty" was signed. This was signed 71 years after the Trade Agreement between the Chosun Dynasty and the US of May 22, 1882 and 82 years after the USS General Sherman incident of 1871.

By establishing the treaty, the US was now in position to defend Korea. The Mutual Defense Treaty is an institutional guarantee for the USFK to be stationed in Korea to deter another war in the Korean peninsula, and a legal ground for the Combined Defense System. It also serves as the foundation for other affiliated security arrangements and military agreements between the ROK and US governments and militaries.

3. Mutual Defense Treaty between the Republic of Korea and the United States of America

Signed at Washington: October 1, 1953
Entered into Force: November 17, 1954

The Parties to this Treaty,

Reaffirming their desire to live in peace with all governments, and desiring to strengthen the fabric of peace in the Pacific area,

Desiring to declare publicly and formally their common determination to defend themselves against external armed attack so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific area,

Desiring further to strengthen their efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive and effective system of regional security in the Pacific area,

Have agreed as follows:

Article 1
The Parties undertake to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from dbo168847587.the threat or use of force in any manner inconsistent with the purposes of the United Nations, or obligations assumed by any Party towards the United Nations.

Article 2
The Parties will consult together whenever, in the opinion of either of them, the political independence or security of either of the Parties is threatened by external armed attack. Separately and jointly, by self-help and mutual aid, the Parties will maintain and develop appropriate means to deter armed attack and will take suitable measures in consultation and agreement to implement this Treaty and to further its purposes.

Article 3
Each Party recognizes that an armed attack in the Pacific area on either of the Parties in territories now under their respective administrative control, or hereafter recognized by one of the Parties as lawfully brought under the administrative control of the other, would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes.

Article 4
The Republic of Korea grants, and the United States of America accepts, the right to dispose United States land, air and sea forces in and about the territory of the Republic of Korea as determined by mutual agreement.

Article 5
This Treaty shall be ratified by the United States of America and the Republic of Korea in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Washington.

Article 6
This Treaty shall remain in force indefinitely. Either party may terminate it one year after notice has been given to the other Party.

IN WITNESS WHEREOF the undersigned plenipotentiaries have signed this Treaty.

Done in duplicate at Washington, in the Korean and English languages, this first day of October, 1953.

For the Republic of Korea: For the United States of America:
(signed) Y.T. Pyun (signed) John Foster Dulles

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Understanding of the United States of America
It is the understanding of the United States that neither party is obligated, under Article 3 of the above Treaty, to come to the aid of the other except in case of an external armed attack against such party; nor shall anything in the present Treaty be construed as requiring the United States to give assistance to Korea except in the event of an armed attack against territory which has been recognized by the United States or lawfully brought under the administrative control of the Republic of Korea.

Beyond War and Toward Peace

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