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

日韩相互谅解及战后赔偿

基本信息

批准号：
08402001
负责人：
KAMONO Yukio
金额：
$ 6.21万
依托单位：
Kanazawa University
依托单位国家：
日本
项目类别：
Grant-in-Aid for Scientific Research (A)
财政年份：
1996
资助国家：
日本
起止时间：
1996 至 1999
项目状态：
已结题

来源：
https://kaken.nii.ac.jp/grant/KAKENHI-PROJECT-08402001/
关键词：
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 Kore

项目摘要

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 … More 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. Less

本研究旨在探讨战后赔偿的一般性问题。本论文的主要研究内容包括：（1）1965年《日韩协定》签订后，日韩关系的现状发生了很大的变化;（2）1965年《日韩协定》签订后，日韩关系的现状发生了很大的变化;两国公民对成熟的公民社会建立了较早的历史认识，认识到战后赔偿问题的解决不仅与两国政府有关。而且还关系到两国公民之间的和解与合作。2“慰安妇”迄今所遭受的问题通过历史研究和访谈得以明确 ...更多信息 s：“慰安妇”问题迄今严重存在的真实事实和根本原因已经清楚，迫切需要她们的日常生活安全。3在认真审查了1965年《日韩协定》的缔约过程之后，主要基于其中的政治和经济因素。显然，对个人的赔偿问题尚未解决。4就法律的问题而言，日本法院，除日本法院外，都以时效法可以适用为由，拒绝赔偿要求。或者当事人所引用的有关国际法规则不能适用。我们从宪法的角度批判性地重新审视了这些判决，行政法和国际法观点，并指出承认基于国家责任的赔偿是有法律的可能性的，与德国的先例相比，迫切需要制定赔偿法。政府一级的战争赔偿进展非常缓慢，促进两国公民之间的各级交流，以增进相互理解，已变得日益重要。因此，通过民意调查对两国的民意进行了研究。6基于这样一种认识，即1998年金正日访问日本时，两国之间达成了共同协议，日韩关系进入了新阶段。韩国和日本的战后赔偿问题的解决提出了问题和展望。少