일본 홋카이도(北海道)내 강제동원 조선인 노무자의 유골반환과 법적 쟁점

Abstract

Japanese colonial era Korean laborers were forced to work in Hokkaido, Japan, according to their testimony and circumstantial evidence, it is estimated that he worked in a fairly harsh and poor working environment. The remains, which were not repatriated to the bereaved families, are enshrined in the charnel houses and graves of temples such as Sapporo's Honganji. The temple and community service organizations are working together with Korea to investigate the bereaved families and repatriate the remains to Korea. But the remains that have already been put together are difficult to divide, even if the remains are intact, it is not easy to find and return them. In order to repatriate the remains to the bereaved family, the identity of the deceased Korean laborer must be confirmed, the Japanese government may violate the current law on the protection of personal information, they can't check the personal information they need. But according to Japan's Personal Information Protection Act, although the information related to the deceased Korean laborer is personal information, laborer can't get his consent because his laborer is dead, information that is publicly necessary to protect the lives or property of the bereaved families, as an exception, information can be disclosed. Therefore, the Japanese government has been forced to work for the bereaved families of Korean workers who died, personal information should be disclosed so that the damage caused by death can be preserved. Meanwhile, Korea and Japan fully recognize that post-war compensation suits are international policy suits, instead of responding with passive justice, we should actively make efforts to ensure that sound judicial functions work.