‘국익’으로 동원된 개인의 권리 - 한일회담과 개인보상문제 -

Abstract

The object of this research is to examine the claims against Japan in Korea-Japan Treaty. In particular it explores the crack among war victims (civil claimer), president Park Jung-hi and the ruling party (The Republican Party), some bureaucrats in Korean government. The first group who were war victims and their surviving families mobilized for battles and works for the Pacific War claimed damages and arrearages against Japanese government before Korea-Japan talks starting in 1951. they presented two petitions for their claim to the National Assembly and required Korean government to solve their claim against Japan without delay. Meanwhile Korea didn’t obtain the statues of a member of the Allied forces in the peace talks arranged for the conclusion of the San Francisco Peace Treaty. It meaned that Korea couldn’t require the reparation against Japan and that the korean claims against Japan were civil affairs. So the role of the Korean government in Korea-Japan talks was to act for the first group. There were two different views about individual compensation in Park Jung-hi regime. Some bureaucrats of the Ministry of Finance and the Ministry of Foreign Affairs in Korean government insisted on doing individual compensation immediately and preparing the draft for that. It means that there was a group of rational bureaucrats in Park regime. But president Park and the ruling party (The Republican Party) considered using the claim-fund from Japan for national interests without individual compensation. After all, the draft for compensation which the Ministry of Finance prepared was changed into new draft that didn’t contain compensation articles for war victims. According to the new draft, the exchange rate between yen and won was too low. To block the resistance, Park regime tried to delay presenting the bill of compensation. It was ten years after the Korean government had taken the claim fund from Japanese government that the law of compensation was promulgated.