Wednesday, 25 June 1980

UN Resolution 82, June 25 1950

This report, which addressed the North Korean attack across the 38th parallel early the same day, merely states that the UN judges that the South Korean elected government is the only valid government in Korea, that North Koreans at fault for starting a war, calls the North Korean forces to withdraw to the 38th and asks all UN members to see to support the UN.

The resolution was supported by the US, UK, China, France, Cuba, Ecuador, Egypt, Norway, and India.  Yugoslavia abstained.  USSR was boycotting UN meetings at the time and the ambassador was ordered by Stalin not to attend.

A UN Security Council was held at 2 p.m. in New York the day of the attack.  The Korean situation was characterized as a breach of the UN Charter Ch. VII breach of peace violation, full-scale warfare (there had been serious military skirmishes around the border for years).  It was insisted the UN take action to restore peace in Korea.

At the meeting the South Korean ambassador to the UN was requested and granted, and this ambassador read a statement calling the invasion a crime against humanity, and saying that since the UN had played a major role in creating South Korea, they were responsible to defend it.  Yugoslavia requested a North Korean diplomat, but since the North was not a UN member and had no representation in the organization, this was not granted.

The Security Council,

Recalling the finding of the General Assembly in its resolution 293 (IV) of 21 October 1949 that the Government of the Republic of Korea is a lawfully established government having effective control and jurisdiction over that Part of Korea where the United Nations Temporary Commission on Korea was able to observe and consult and in which the great majority of the people of Korea reside; that this Government is based on elections which were a valid 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,

Unmentioned is Resolution 112 (late 1947), which established a temporary commission to monitor free elections in Korea (limited to South Korea because the UN was unable to enter North Korea).  195 stated that Korea was to be established under one government as soon as possible, and the US and Soviet forces were to withdraw.  293 recognized only South Korea's government as legal).  North Korea denied the legality of the UN actions in Korea and said it would drive the UN out.  

Mindful of the concern expressed by the General Assembly in its resolutions 195 (III) of 12 December 1948 and 293 (IV) of 21 October 1949 about the consequences which might follow unless Member States refrained from acts derogatory to the results sought to be achieved by the United Nations in bringing about the complete independence and unity of Korea; and the concern expressed that the situation described by the United Nations Commission on Korea in its report menaces the safety and well-being of the Republic of Korea and of the people of Korea and might lead to open military conflict there,

Noting with grave concern the armed attack on the Republic of Korea by forces from North Korea,

Determines that this action constitutes a breach of the peace; and

Calls for the immediate cessation of hostilities;

Calls upon the authorities in North Korea to withdraw forthwith their armed forces to the 38th parallel;

Requests the United Nations Commission on Korea:

(a) To communicate its fully considered recommendations on the situation with the least possible delay;

(b) To observe the withdrawal of North Korean forces to the 38th parallel;

(c) To keep the Security Council informed on the execution of this resolution:

Calls upon all Member States to render every assistance to the United Nations in the execution of this resolution and. to refrain from giving assistance to the North Korean authorities.

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