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Korea-Japan Claims Settlement Agreement and Judgment on Forced Labor Compensation: Settlement on the Dispute over Interpretation of Treaties
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청구권협정과 강제징용 배상 판결의 함의: 조약 해석에 대한 국제분쟁의 해결

논문 기본 정보

Type
Academic journal
Author
Chang Wee LEE (서울시립대)
Journal
Legal Research Institute KOOKMIN UNIVERSITY Seoul Korea KOOKMIN LAW REVIEW Vol.36 No.2 (Wn.75) KCI Accredited Journals
Published
2023.10
Pages
123 - 150 (28page)

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Korea-Japan Claims Settlement Agreement and Judgment on Forced Labor Compensation: Settlement on the Dispute over Interpretation of Treaties
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Abstract· Keywords

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Korea and Japan negotiated for a long time after the entry into force of the San Francisco Peace Treaty. In June 1965 they concluded the Korea-Japan Basic Treaty, the Claims Settlement Agreement, the Fisheries Agreement, the Cultural Property Agreement, and the Agreement on the Legal Status of Overseas Koreans in Japan to normalize diplomatic relations. However, during the negotiations, Japan did not apologize for its aggression and colonial rule of Korea.
To address the aftermath of the 1965 agreement, the two countries resolved the comfort women issue through the 2015 agreement. Foreign Minister Kishida presented Prime Minister Abe"s position statement, "Japan recognizes and apologizes for the military"s involvement and responsibility in the comfort women issue," and the two foreign ministers agreed that the issue was finally and irrevocably resolved. In March 2023, the South Korean government also settled the issue of compensation for forced labor through third-party subrogation.
The Korean judiciary has been inconsistent on these issues. The judiciary has violated international law by denying state immunity and holding Japan liable for the comfort women issue, and by holding Japanese companies liable for crimes against humanity despite the Claims Settlement Agreement. The court"s disregard for the principle of judicial self-restraint and its recognition of individual claims is contrary to the common sense of the international community.
The past wrong doing issues that were not resolved by the Korea-Japan Basic Treaty and the Claims Settlement Agreement should be viewed through the lens of the post-war order created by the San Francisco Peace Treaty. The domestic judgment of the judiciary should not be outside the framework of the external legitimacy of international law. It is necessary to understand the government"s measures to normalize Korea-Japan relations and foreign policy, and to seek the compatibility of the judiciary"s judgments with the government"s policies.
#한일기본조약 #청구권협정 #샌프란시스코 평화조약 #사법자제의 원칙 #위안부 문제 #강제징용 배상 #Korea-Japan Basic Treaty #Claims Settlement Agreement #San Francisco Peace Treaty #Judicial Self-Restraint #Comfort Woman Issue #Forced Labor Issue

Contents

Ⅰ. 문제의 제기
Ⅱ. 대일평화조약과 한국의 법적 지위
Ⅲ. 1965년 국교 정상화 조약 체제
Ⅳ. 조약의 해석에 대한 분쟁
Ⅴ. 결론
참고문헌
국문초록
ABSTRACT

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