일본군 ‘위안부’ 피해자 손해배상소송에 관한 연구- 해외 법원의 판결을 중심으로 -

Abstract

The ‘comfort women agreement’ between Korea and Japan concluded on December28, 2015 has been criticized for having not taken into account the victims’ view. The Korean government announced January 9, 2018 that the comfort women issuecannot be solved through the Agreement, although it does not pursue thedenunciation of the Agreement or renegotiation of the Agreement with Japan. Theefforts of the Korean government and the victims to hold Japan accountable inrelation to comfort women are likely to continue. The victims brought Japan to courts in Japan and the U.S. to get compensation. Several rulings were rendered. Japanese courts seem to be recognizing that they wereforced into sexual slavery and the Japanese Army were involved in it. However,Japanese courts typically refuse to allow legal compensation to the victims due tolapse of negative prescription or the Claims Agreement concluded in 1965. Japanesecourts interpret that international law only govern relationships among states andindividuals cannot base their claims directly on international law. U.S. courts haverefused to exercise jurisdictions over comfort women cases based on the principle ofstate immunity or political questions theory out of diplomatic matters. Resorting to domestic courts to solve comfort women issues is not likely to result in any meaningful outcome. A solution through an agreement between the two states still remain crucial. In this process, human rights NGOs, international human rights bodies such as the Human Rights Council and the Human Rights Committee would be crucial. Raising the awareness of the issue in the international community, rather than pursuing a hasty solution, seems to be more appropriate.