한ㆍ일과거사 청산과 이행기 정의(transitional justice) 개념의 적용 (Introduction of Transitional Justice Model for the Settlement of History Disputes between Korea and Japan)

서지정보

· 발행기관 : 성균관대학교 법학연구원
· 수록지 정보 : 성균관법학 / 23권 / 2호 / 237 ~ 261페이지
· 저자명 : 최철영

초록

According to conventional wisdom, the age of empire is over, and the global community exists now in an era of post-colonialism characterized in part by a peaceful relationship of nation-sates and peoples. However, this view is grounded in a wishful historicism. It might be more accurate to say that remnants of colonialism still exist social, political and economic relationships, especially in the current period between Korean and Japanese because of the war crimes of Japan during the World War Ⅱ.
The intent of this article is to provide a quasi-judicial institution, the truth commission of two-state parties, on the basis of transitional justice. This kind of hybrid tribunals may offer real potential as a means to facilitate recovery from national feud between Korea and Japan based on the grave violation of human rights such as an act of sexual slavery toward Korean women by Japanese army before and during World War Ⅱ. This argument proceeds in part two with a evolution of the notion of transitional justice and its grounds of legal philosophy. Part three describes the limits of Tokyo International Military Tribunal for the realization of justice. The Tokyo International Military Tribunal failed to throughly address Japanese war crimes in terms of the failure of punishment of the Japanese King Hirohito. As a conclusion, this article suggests to introduce the Truth and Reconciliation Commission between Korea and Japan for the Japanese War Crimes(TRC Korea-Japan) as a transitional justice mechanism. The TRC Korea-Japan will contributes to rebuild the relationship between the two countries and can offer victims the opportunity to share their experience during the war and to recognize the accountability of war crimes toward Japanese Government. This kind of hybrid tribunal has been preceeded by East Timor and Indonesia as a form of the Commission of Truth and Friendship Indonesia-Timor-Leste.

영어초록

According to conventional wisdom, the age of empire is over, and the global community exists now in an era of post-colonialism characterized in part by a peaceful relationship of nation-sates and peoples. However, this view is grounded in a wishful historicism. It might be more accurate to say that remnants of colonialism still exist social, political and economic relationships, especially in the current period between Korean and Japanese because of the war crimes of Japan during the World War Ⅱ.
The intent of this article is to provide a quasi-judicial institution, the truth commission of two-state parties, on the basis of transitional justice. This kind of hybrid tribunals may offer real potential as a means to facilitate recovery from national feud between Korea and Japan based on the grave violation of human rights such as an act of sexual slavery toward Korean women by Japanese army before and during World War Ⅱ. This argument proceeds in part two with a evolution of the notion of transitional justice and its grounds of legal philosophy. Part three describes the limits of Tokyo International Military Tribunal for the realization of justice. The Tokyo International Military Tribunal failed to throughly address Japanese war crimes in terms of the failure of punishment of the Japanese King Hirohito. As a conclusion, this article suggests to introduce the Truth and Reconciliation Commission between Korea and Japan for the Japanese War Crimes(TRC Korea-Japan) as a transitional justice mechanism. The TRC Korea-Japan will contributes to rebuild the relationship between the two countries and can offer victims the opportunity to share their experience during the war and to recognize the accountability of war crimes toward Japanese Government. This kind of hybrid tribunal has been preceeded by East Timor and Indonesia as a form of the Commission of Truth and Friendship Indonesia-Timor-Leste.

참고자료

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