샌프란시스코 평화조약과 배상, 청구권 및 사과: 식민지 문제의 국제법과 국제정치

Following the conclusion of the San Francisco Peace Treaty, Korea and Japan had long negotiations to normalize diplomatic relations in accordance with the provisions of the treaty. The two countries resumed diplomatic relations in 1965 with the Korea-Japan Basic Relations Treaty and the Claims Settlement Agreement. But Japan did not apologize for its colonial rule over Korea, and conflicts over forced labor and comfort women issues have been a major obstacle to improving relations. Korea and Japan first resolved the comfort women issue with the December 2015 Comfort Women Agreement. In March 2023, the Korean government also resolved the issue of forced labor by having the Foundation for Victims of Forced Mobilization Imperial Japan pay the judgment's compensation. However, Korea's judiciary has ruled differently than the government's diplomatic resolution of these issues. If the conflict between Korea and Japan over the past history is not resolved legislatively and judicially, the relationship could deteriorate again as the political landscape changes. In this context, this paper examines the legal issues and political circumstances surrounding the San Francisco Peace Treaty regime, Japan's position on the Claims Settlement Agreement, and apologies for the past history by Germany and other European states. Specifically, the issues of reparations, claims, and apologies for colonial rule are evaluated through the lens of the resolution of the past history, examining the compatibility of judicial resolution of foreign affairs issues with political realities.