일제 강제징용 손해배상 소송에 대한 피해자 중심주의 적용 담론
Discourse over Applying the Victim-Centeredness to the Suit for Damages to the Compulsory Manpower Draft by the Japanese Military Regime
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The Korean Supreme Court judged that Shinilcheoljugeum( or Nippon Steel), a Japanese steel company succeeding to the old Japan Steel that is believed to have treated the Korean laborers harshly, should provide alimony to them in the damage suit. The decision was the first that the complainants had won a case after losing in Japan and the United States. The years of 2013 and 2018, when they won the suit in the Supreme Court, witnessed more academic discussion over the event, mainly in the field of law. However, this paper, besides the legal argument, suggests the victim-centeredness to solve this problem causing the current Korean-Japanese trade strife. The second chapter studies the ideas brought about so far based on the events relating to the suit for damages to the compulsory manpower draft during the Japanese regime. The third applies the victim-centeredness as an established international principle in the UN to this case and insists on the validity and feasibility from the diplomatic and political angle. Lastly, I conclude that the retributive and reparative power of applying the victim-centered idea to this case is the most feasible and extensional measure to the sensitive matter of the Korean-Japanese diplomatic relations.
Abstract
The Korean Supreme Court judged that Shinilcheoljugeum( or Nippon Steel), a Japanese steel company succeeding to the old Japan Steel that is believed to have treated the Korean laborers harshly, should provide alimony to them in the damage suit. The decision was the first that the complainants had won a case after losing in Japan and the United States. The years of 2013 and 2018, when they won the suit in the Supreme Court, witnessed more academic discussion over the event, mainly in the field of law. However, this paper, besides the legal argument, suggests the victim-centeredness to solve this problem causing the current Korean-Japanese trade strife. The second chapter studies the ideas brought about so far based on the events relating to the suit for damages to the compulsory manpower draft during the Japanese regime. The third applies the victim-centeredness as an established international principle in the UN to this case and insists on the validity and feasibility from the diplomatic and political angle. Lastly, I conclude that the retributive and reparative power of applying the victim-centered idea to this case is the most feasible and extensional measure to the sensitive matter of the Korean-Japanese diplomatic relations.
참고문헌 (26)
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