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Claim for damages of Forced Labor Victims and Extinctive prescription

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(2), pp.81-116
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : May 30, 2019

Kim Seung Rae 1

1목원대학교

Candidate

ABSTRACT

On October 30, 2018, the Supreme Court sentenced the victims of forced labor in the Japanese colonial period to a very meaningful judgment on the right to claim damages. The press has posted articles that are welcomed at the same time and evaluated such as 'the day of restoration of the judicial sovereignty of the Republic of Korea' and 'a progressive judgment in guaranteeing the basic rights of the people'. It is meaningful that the judgment of the judgment case of the present case formed the independent judgment based on the interpretation method of the Korean Constitution, the civil law and the international treaty on the same issue which was decided in the Japanese court. The ruling is based on the fact that the right to claim for damages arising from anti-humanistic illegal acts, colonial ships and tortious acts committed by the Japanese state power is not included in the object of the one-day claim treaty. In addition, it can not be said that the prescription of extinction has been completed because it is reasonable to say that the victims of the forced and compulsory victims were unable to exercise their rights until the courts of the Republic of Korea filed the complaint, and the plea of Nippon Steel Corporation, And that it can not be tolerated as abuse of rights. Furthermore, the defendant's claim that the military company of the Japanese colonial period can not be seen as the company at present is the logic of applying the Japanese law, which is to deny the company's debt to the people of the country, According to the law, the corporation can be recognized as the same, and the defendant's liability has been succeeded to the present defendant. Finally, it was concluded that the victims of forced compulsory death in Japan could not approve the loser judgment as contrary to the good customs of the Republic of Korea or other social order. The ruling can not be regarded as a historical judgment in which the Japanese corporation declared damages for illegal acts to the victims of forced labor in the Japanese colonial period in 73 years after the liberation. In addition, it is emphasized that not only Korea but also other East Asian countries that have illegally occupied Japan due to illegal occupation can be brought to similar lawsuits, and at the same time, will act as a leading ruling for the settlement of the erroneous past history of Japan. I want to emphasize.

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