샌프란시스코 평화조약과 한일관계: 한일냉전의 기원으로서 ‘제4조’ 문제

Abstract

This article regards the relationship between Korea and Japan since 2012 as a Cold War, and seeks its origins. The origin lies in Article 4 of the San Francisco Peace Treaty. In this article, I would like to confirm the dispute between Korea and Japan over Article 4 (a) and (b), and from there I would like to gauge the possibility of overcoming the 1965 regime. As for the relationship between paragraph (a) and (b) of Article 4, Korea understood it as the legal basis for Korea's right to claim reparation against Japan, while Japan understood it as a mutual waiver of claims, and the United States understood it as the basis for mutual adjustment of claims. Such conflicting interpretations among three nations had been maintained consistently since the beginning of the negotiations. There has never been a convergence of positions between South Korea and Japan in this regard, and U.S. mediation had been ambiguous. Even in the Basic Treaty and the Claims Agreement in 1965, this difference had not been fundamentally resolved. The differences have also changed the status of the Claims Agreement, making room for Japan to regard it as nothing more than an agreement on economic cooperation, while Seoul has tried to interpret it as a de facto agreement on reparation. This difference set the limits of ‘the 1965 system’, which is the root cause of the deterioration of Korea-Japan relations since 2012.