The Mutual Understandings between Japan and Korea and the Post-war Compensation

• Project/Area Number: 08402001
• Research Category: Grant-in-Aid for Scientific Research (A)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Public law
• Research Institution: Kanazawa University
• Principal Investigator: KAMONO Yukio Uni.Kanazawa, Faculty of Law, Professor, 法学部, 教授 (40019253)
• Co-Investigator(Kenkyū-buntansha): NAKO Michitaka Uni.Kanazawa, Faculty of Law, Professor, 法学部, 教授 (80172568) ; INOUE Hideo Uni.Kanazawa, Faculty of Law, Professor, 法学部, 教授 (40114011) ; IGARASHI Masahiro Uni.Kanazawa, Faculty of Law, Professor, 法学部, 教授 (70168102) ; SADAKATA Mamoru Uni.Nagoya, Faculty of Law, Professor, 法学部, 教授 (20178693) ; OKADA Masanori Uni.Nanzan, Faculty of Law, Professor, 法学部, 教授 (40203997) ; 西村 茂 金沢大学, 法学部, 教授 (20164585)
• Project Period (FY): 1996 – 1999
• Project Status: Completed (Fiscal Year 1999)
• Budget Amount: ¥9,700,000 (Direct Cost: ¥9,700,000); Fiscal Year 1999: ¥2,000,000 (Direct Cost: ¥2,000,000); Fiscal Year 1998: ¥2,500,000 (Direct Cost: ¥2,500,000); Fiscal Year 1997: ¥1,500,000 (Direct Cost: ¥1,500,000); Fiscal Year 1996: ¥3,700,000 (Direct Cost: ¥3,700,000)
• Keywords: Post-war compensation / post-war compensation trials / post-war compensation laws / comfort women / mutual understandings / Japan-Korean relation / protection of human rights of Koreans residing in Japan / Agreement between Janpan and the Republic of Korea Japan-Korean relation / 在日韓国人 / 日韓請求権協定 / 日韓条約 / 在日外国人の人権保障 / 日韓の相互理解 / 在日朝鮮人 / 外国人の人権保障 / 強制連行 / 東アジア / 戦争責任 / 戦後責任 / 在日外国人の人権 / 強制徴用 / 環日本海 / 強制労働 / 挺身隊 / 在日韓国・朝鮮人 / 人権

Research Abstract

The study is to examine the various problems concerning the post-war compensation in general. and the so-called comfort women in partienlar focusing mainly on the relationship between the Republic of Korea and Japan in taking also into the protertion of human rights of Koreans residing in Japan, and to propose the prosped to solve these problems.
The research results are as follows :
1 The situations surronnding the Japan-Korean relation between 1965 when the Japan-Korean Agreement was concluded and the present have considerably changed : the eitizens of both eountries have established elear historical understandings toward matured civil society, and they have recognized that the solution of the post-war compensation problems is not only related to the Governments of both countries. but also related to the reconciliation and cooperation between the citizens of both countries.
2 The problems which "comfort women" have so far suffered were made clear through historical studies and interview s : the true facts and fundamental reasons that "comfort women" problems have been seriously posed to date have been made clear and the daily life security for them is urgently needed.
3 After examming eritieally the treaty-making process of the Japan-Korean Agreements of 1965, based mainly on the political and economic factors thereon. it is obvious that problems of compensation of individual persons have not yet solved.
4 So far as the legal problems are coneorned, Japanese courts, apart from the Kanpuease, have denied the elaims for compensation on the ground that the statule of limitations can be applied. or the relevant rules of international law which the appheants insoked cannot be applied. We reaxamined these judgments critically from constitutional law, administrative law and international law view points and pointed out that there could be a legal possibility to recognize compensation based on the State responsibity and the enactment of compensation laws is urgently needed in comparing with German precedents.
5 Since the solution of post-war compensation at Govermental level has made very slow progress the promotion of exchange at various levels between citizens of our countries for mutual understandings has increasingly become important. Therefore, public opinions of two countries were examined by means of questionnaires.
6 Based on the understanding that the Japan-Korean relations has entered into new stage after the Joint Deelaration between our conntries was concluded when Presdent Kim visited Japan in 1998. the problems and prospeets toward the solution of post-war compensation were posed from Korean as well as Japanese partieipants of this study.

Research Products

• [Publications] 岡田正則: "戦後補償問題における國の立法的解決義務"法学セミナー. 525. 26-30 (1998)
  • Description: 「研究成果報告書概要(和文)」より
• [Publications] Masahiro Igarashi: "Post-War Compensation Cases, Japanese Court And International Law"The Japanese Annual of International Law. 43(印刷中). (2001)
  • Description: 「研究成果報告書概要(和文)」より
• [Publications] Masanori Okada: "The Lagislative Duty of the State to Solution in the Post-War Problems"The Japanese Annual of International Law. Vol.43. (2001)
  • Description: 「研究成果報告書概要(欧文)」より
• [Publications] Masahiro Igarashi: "Post-War Compensation Cases, Japanese Court And International Law"Hogaku Seminar. Vol.525. 26-30 (1998)
  • Description: 「研究成果報告書概要(欧文)」より