1965년 한일 청구권협정과 개인청구권 사건의 국제법 쟁점에 대한 고찰: 대법원 2018. 10. 30. 선고 2013다61381 전원합의체 판결을 중심으로

This article addressed the issues of public international law in the Korean Supreme Court decision concerning Korean laborers’tort claims against two Japanese firms during the World War II. The 1965 Korea-Japan Claims Agreement clearly stipulates: “claims” of Korean nationals against Japanese government and its nationals are completely and finally settled. There is no doubt that the 1965 Agreement is a lump-sum settlement agreement. Accordingly it is Korean government that bears the responsibility to compensate forced labours and other victims during the period of Japanese colonial occupation, from 1910 through 1945, including the World War II period. Indeed, Korean government has compensated forced labours and other victims through domestic legislations. However, in September and November 2018, the Court surprisingly decided that Japanese firms must compensate forced laborers regardless of the 1965 Agreement. After this decision, Korean government declared that it will respect the Court. Because the Court’s decision cannot be consistent with the Agreement, Korean government’s declaration can be considered unilateral breaches of the Korea-Japan Basic Relationship Treaty as well as the Claims Agreement. Unfortunately it seems that Korea and Japan are facing the most serious legal dispute and tension after 1965. Korean government surprisingly declared that it will not seek any diplomatic solution with Japan. For this reason, Japanese government is asking Korea to solve the dispute before international tribunals including the International Court of Justice. If Korea do not want to finish all relationships with Japan, Korean government would better agree with Japanese government to solve the dispute before international tribunals. Korean government should be aware of the possibility of disastrous consequences of the Court’s decisions.