샌프란시스코 강화조약과 ‘전후 한일관계’의 원점 - ‘1965년 체제’를 둘러싼 고찰 -

Abstract

In this paper, to reexamine the significance of the San Francisco Peace Treaty, the Japan-Korea relations ordered by the Japan-ROK Basic Treaty and supplemental agreements concluded in 1965 are called the “1965 system,” and the nature of this system is revealed historically. It is summarized in the following five points. First, until the San Francisco Peace Treaty was signed, Japan’s responsibility for colonial rule, including the International Military Tribunal for the Far East, was not held. The treaty was colonial, with the exclusion of many Asian war parties and former colonial nations. Second, the normalization of diplomatic relations between Japan and South Korea, which was realized as a consequence of the negotiations for normalization of diplomatic relations between Japan and South Korea that began after the San Francisco Peace Conference, became the origin of the “1965 system” without apology and compensation for colonial rule. Especially in the claim committees, the Japanese side thinks that colonial rule was legally carried out under international law and contributed to the development of Korea. Therefore, Japan induced the ROK side get to waive the claim and receive economic cooperation to resolve it. Third, since the 1990s, the Japanese government has tried to maintain the framework of the “1965 system” by admitting that it has caused damage to Koreans nevertheless not changing their thought colonial rule was legal. Japan considered the colonial rule as “legal but improper”. The Government of Japan announced the Kono Statement in 1993 and the Murayama Statement in 1995 and established the Asian Women’s Fund in the same year. The 1998 JapanROK Joint Declaration reaffirms the friendly and cooperative relationship between Japan and South Korea based on these measures. In addition, negotiations to normalize diplomatic relations between Japan and North Korea have begun, and the Japan-DPRK Pyongyang Declaration was announced in 2002. Fourth, the movement to resist the “1965 regime,” victims and their supporters pursued the responsibility for colonial rule. Finally, they won the decision of the Korean Supreme Court on October 30, 2018, which recognized “the right to claim damages by anti-humanitarian torts involving Japanese national power and torts directly linked to colonial rule”. This decision never means the result of South Korea’s “anti-Japanese” nationalism. On the other hand, in Japan, after the second Abe administration, the perception of colonial rule was reverted from “legal but improper” to “legal and proper”.