아이리스 영의 정치적 책임과 비실증주의 법개념론: 위안부 문제해결을 위한 법적 책임의 근거를 모색하며

Abstract

Iris Young in her book of 『Responsibility or Justice』 categorizes responsibility as two groups, a social connection model and legal responsibility model. In my perspective, the former has something in common with to non-positivism of law and the latter, legal positivism. I figure out that Park, Yoo-Ha in her book of 『JeKook eu WeeAhnBoo』 which means comfort women of the empire, on the other hand, firmly stands by the legal positivism. On a legal feminist viewpoint, Park never uncovers problems of Japan’s compensation for enforced sex slaves, so-called comfort women. This paper deals the question of “what is the law?” Law should consider the validity of law and have conceptual factor of Justice. I re-visit Young’s opinion in terms of concept of law based on non-positivism, making bridge with Iris Young’s social connection model to solve the problems women’s legal issues such as comfort women.