1. All rights reserved by the Northeast Asian History Foundation
2. No part of the files on this website may be reproduced and/or copied in any way, shape, or form without permission.

Title: Revisiting the Fifty Years of the Agreement between South Korea and Japan Ⅲ
-Judgment on Imperial Japan’s Colonial Responsibility and Review of the Korea-Japan Agreement System-

Northeast Asian History Foundation | 225*152mm (A5 New) | 316 pages | June 22, 2014
ISBN 978-89-6187-329-1 94910
ISBN 978-89-6187-279-9 (Set)

This book is a result of the third featured research revisiting the fifty years of the Agreement between Korea and Japan. Its theme is “Judgment on Colonial Responsibility and a Review of the Korea-Japan Agreement System” with respect to the Japanese government’s involvement in anti-humanitarian illegal acts and those related to colonial rule. The book features extensive presentations and discussions between authoritative Korean and Japanese scholars of history, international law, and international politics and legal professionals with regard to the Japanese government’s argument that the damage caused by imperial Japan’s colonial rule (e.g. ‘comfort women,’ atomic testing and forced draft labor by imperial Japan) had been completely settled by the conclusion of the Korea-Japan Settlement Agreement.
The publication of this book, which revisits The Hundred Years of Japan’s Forced Annexation of Korea and The Fifty Years of the Agreement between South Korea and Korea with more depth and width by encompassing a number of interdisciplinary studies and practical perspectives, is expected to help reveal what lies at the heart of conflicts between Korea and Japan over history, review solutions to overcome them, and explore forward-looking prospects.

| Contents |

Review of the Limitations and Problems of Supreme Court Decisions in Japan _ ADACHI Shuichi
Ⅰ. Current State of Post-War Compensation Trials in Japan 13
Ⅱ. Supreme Court Rulings Related to War Damage 15
Ⅲ. How to Overcome Supreme Court Rulings on War Damage 32

● Review of Decisions on Imperial Japan’s Colonial Responsibility and the Korea-Japan Agreement System under International Law _ DOH Shi-hwan
Ⅰ. Introduction 37
Ⅱ. Juridical Background of Decisions on Imperial Japan’s Colonial Responsibility 42
   1 _Limitations and Problems of ‘Post-War Compensation Lawsuits’ in Japan 42
   2 _Legal Principles and Background of Judgments on Imperial Japan’s Colonial Responsibility 46
Ⅲ. Review under International Law of the Decision on Imperial Japan’s Colonial Responsibility 52
   1 _Summary of the 2012 Korean Supreme Court Decision 52
   2 _Conflicting Opinions on the 2012 Korean Supreme Court Decision 55
   3 _A Review of the Grounds for Repudiating the 2012 Korean Supreme Court Decision 59
Ⅳ. Review of Judgments on Imperial Japan’s Colonial Responsibility and the Korea-Japan Agreement System 68
   1 _Imperial Japan’s Colonial Responsibility and the Bill Demanding Compensation from Japan 68
   2 _ Review of the Korea-Japan Claims Settlement Agreement and Colonial Responsibility 70
   3 _Imperial Japan’s Colonial Responsibility and the Korea-Japan Agreement System 77
V. Conclusion 80

● Attainments through Korean and Japanese Court Decisions and Challenges Ahead _ CHOI Bong-tae
- Focusing on the Issue of ‘Comfort Women’ and the Victims of Forced Mobilization
Ⅰ. Addressing the Issue 91
Ⅱ. Legal Limitations of the 1965 Korea-Japan Agreement 92
Ⅲ. Attainments through Korean and Japanese Court Decisions 96
   1 _ The Case of Japan 96
   2 _The Case of Korea 99
   3 _Possibility of Locating Juridical Common Ground with Regard to Relieving Damage from Illegal Actions 100
Ⅳ. Detailed Review of Challenges 103
   1 _The Issue of ‘Comfort Women’ 103
   2 _The Issue of Victims of Forced Mobilization 104
V. Remaining Challenges 107

● Genealogy of Arguments on the Forcible Mobilization of Koreans (1945-1955)_ITAGAKI Ryuta
- In Drafting the Genealogy of Arguments on Responsibility for Colonial Rule
Ⅰ. Genealogy of Arguments on Responsibility for Colonial Rule 111
Ⅱ. Compensation, Punishment, and Historical Description: 1945-1949 118
Ⅲ. Discussing the History of Crossing to Japan: 1949-1955 125
Ⅳ. Conclusion 135

● Review of Japan’s Historical Perception and Post-War Compensation Policy _ LEE Jong-won
Ⅰ. Introduction: The Flow and Backflow of Historical Perception 143
Ⅱ. Controversy over ‘War of Aggression’ and ‘Colonial Rule’ 144
   1 _ Hosokawa’s Remark Admitting ‘War of Aggression’ 144
   2 _The ‘Murayama Statement’ as Terminus ad Quem 149
   3 _Attempts to Turn Back 152
Ⅲ. Present State of the Post-War Compensation Issue and its Prospects 156
Ⅳ. Conclusion–Beyond the ‘San Francisco System’ and the ‘1965 System’ 165

● The Case for Colonial Responsibility While Concluding the Korea-Japan Treaty on Basic Relations _ YOSHIZAWA Humitoshi
- Focusing on Discussions Surrounding Basic Relations and Claims
Ⅰ. Introduction 179
   1 _Examination of Discussions on Basic Relations: Focusing on the Clause Confirming the Invalidity of the Old Treaty 181
   2 _ Examination of Discussions on Claims 187
Ⅱ. Conclusion 195

● The Korea-Japan Settlement Agreement and the ‘Comfort Women’ Issue _ ABE Kogi
Ⅰ. International Law as a ‘Space of Memory’ 201
Ⅱ. ‘Dispute’ and Arbitration Procedures under the Korea-Japan Settlement Agreement 203
Ⅲ. Legal Consequences of Violating the Agreement 205
Ⅳ. Significance and Experience of Arbitration 207
V. Access to the International Court of Justice 1: Advisory Opinion 208
Ⅵ. Access to the International Court of Justice 2: Filling of a Lawsuit 211
Ⅶ. Trend of Norms in the International Community 213
Ⅷ. The Logic of Analyzing the Korea-Japan Settlement Agreement 217
Ⅸ. Toward the Future of East Asia 219

● Legal Status and Treatment of the Korean Japanese in the Early Negotiations to Normalize Diplomatic Ties between Korea and Japan _ OTA Osamu
- A Mixture of Colonialism, Division, and the Cold War
Ⅰ. Introduction 225
   1 _Legal Status of the Korean Japanese Immediately after Korea’s Liberation from Japanese Rule 227
   2 _Policies of the Two Governments on the Night before the Korea-Japan Talks 229
   3 _Disagreement in the Preliminary and First Rounds of the Korea-Japan Talks 243
   4 _Perception and Response by the Korean Japanese: Criticism of Forced Eviction 252
Ⅱ. Conclusion 257

● Review under International Law of the Korea-Japan Cultural Properties Agreement and the Restitution of Cultural Properties Displaced From Korea during the Colonial Period_ LEE Keun-kwan
Ⅰ. Introduction 265
Ⅱ. Review of the 1965 Cultural Properties Agreement 268
   1 _Background to the Cultural Properties Agreement’s Conclusion 269
   2 _Contents and Evaluation of the Agreement 276
   3 _Whether the Issue of Restitution of Cultural Properties between Korea and Japan Has Been Settled under International Law 278
Ⅲ. Review under International Law of the Restitution of Cultural Properties Displaced From Korea during the Colonial Period: Focusing on the Scope of Claims for Restitution 281
   1 _Introduction 281
   2 _Review of the Restitution of Cultural Properties Displaced from Korea during the Colonial Period 282
   3 _ Subsidiary Conclusion 287
Ⅳ. Review of the Theft of a Buddha Statue from Tsushima under International Law 288
   1 _Introduction 288
   2 _Applicability of the 1970 Treaty to the Theft of a Buddha Statue from Tsushima 289
   3 _ Conclusion 296
V. Conclusion 298

Index 304