피해자 중심적 이행기 정의와 전환적 사법의 실현

Abstract

With the revision of the "Basic Act on the Settlement of Past History for Truth and Reconciliation" in 2020, the legal basis for the activities of the 2nd Truth and Reconciliation Committee was established. And based on this, the committee began investigating 328 cases, including the Brotherhood Welfare Support Case, on May 27, 2021, and began activities to investigate the past truth. Apart from the historical causality after liberation, it cannot be denied that Korea has also undergone a transitional history of state violence and infringement of basic rights due to military dictatorship and anti-communist ideology. In addition, in this regard, There have already been tried to shed light on our history, such as the May 18 Democratic Movement, forced mobilization of Japanese colonial era, and the liquidation of Korea-Japan history in Japanese colonial era, from the perspective of the transitional justice. Even before the introduction of the international standard of liquidation of the implementation period in Korea, such historical events had been mentioned under the name of past liquidation or fact-finding for the purpose of truth finding, restoring honor, or compensation. The definition of transitional justice is not completely unified and although the concept is not consistent, it can be understood as the process of securing responsibility by the state or society in the process of transition to a free democratic society after massive human rights violations by state power or state violence. In other words, it would be appropriate to understand the transitional justice as a means of realizing the transition in the process of pursuing the social ideal of freedom and democracy, not as a society that realizes complete purpose like the term 'transitional'. In other words, past liquidation through compensation and honor recovery is not the direction in which society should ultimately proceed, but is itself a transitional definition. The international community also sees the direction that society should pursue after liquidation in the past as a transformative justice, which means realizing or pursuing justice through systematic transformation not only in law but also in all fields of society. Regarding the activities of the 2nd Truth Reconciliation Committee and the direction of the committee, there would be first looked at the concept and background of the transitional justice in the international community, and then examine the relationship between transitional justice and transformative justice to realize social transformation after past liquidation.