일제강점기에 발생한 불법행위책임에 관한 연구 - 소멸시효를 중심으로 -

Abstract

So far we have seen that when a Korean files the suit against Japan to the Japanese court in its responsibility for illegal acts that occurred during the Japanese occupation, it is deemed to be the extinctive prescription in the limit of the length of a claim for the article 724 in accordance with Japanese civil law. in the legal characteristic. And we have observed that the plea that the responsibility for indemnification become extinct applies to the principle of food faith. if we see the period as the extinction prescription. Moreover, we presented the following grounds for the Japanese court to acknowledge its responsibility for illegal acts during the Japanese occupation: ⅰ)that we should deny the reason of the extinctive system's existence and the Japanese application of extinctive prescription on the responsibility in the light of good faith in terms of the responsibility for illegal acts that occurred during the Japanese occupation, which is the claims for the indemnification, ⅱ) that it is proper that Japan should acknowledge its responsibility from the perspective of the principle of international treaties and international laws in the illegal acts that occurred during the Japanese occupation in the principle of international treaties and laws, ⅲ) that Japan should exclude the illegal acts of human rights crimes that occurred during the Japanese occupation from the domain of applying extinctive prescription, and ⅳ) that all issues will be clearly resolved if Japanese government and Japanese lawmakers apologize to victims and their family by enacting the laws of the responsibility for the indemnification made during the Japanese occupation to execute the responsibility for indemnification for the illegal acts that occurred during the Japanese occupation,In addition, for the indemnification for damages to Korean comfort women in the illegal acts that occurred during the Japanese occupation, starting with Takarazuka city council's approval of a written opinion request for solving the comfort women's problems in March 2008, 20 city councils approved the written opinion till March 2010 and a campaign for the establishment of a legislative bill to promote solving the problems forced sexual harassment victims during war is being built up. But the parties of the victims have been advanced in age and died already even while Japanese lawmakers are not taking any measure. Thus, it should be urgently urged to legislate the laws for quick indemnification and to let Japan apologize. The most resonable for Japanese government to solve the illegal acts that occurred during Japanese occupation is to pass a bill of acknowledging its responsibility of illegal acts that occurred during the Japanese occupation and thus to take relief steps to put it into practice substantially. Lastly, the responsibility for illegal acts that occurred during the Japanese occupation features the seriousness in that most of infringements on human rights were done by imperialism and to the individuals who could not be resistant. Given that these damages are not forgotten over time and the pain increases day by day if the relief steps are not taken, and that most of the victims have attained an advanced age, they will have few opportunity for a claim for the indemnification and thus the problems must be solved immediately. Therefore, the extinctive prescription system, presented as a ground to avoid the legal responsibility, will not see the reason for its justification and existence in the claim rights for indemnification for a violation of human rights and be required to make an direct apology as well as a plan for solving the problems in a legislative way.