일제강점기 강제동원피해사건에 대한 손해배상청구 문제 검토

Abstract

The incidents of forced mobilization during the Japanese occupation occurred between 1938 and 1945, about 77 years ago. Victims of forced mobilization during the Japanese colonial period and their bereaved families were unable to receive compensation for damages from Japanese companies because diplomatic relations between the Republic of Korea and Japan had been cut off until June 22, 1965. After the normalization of diplomatic relations between the Republic of Korea and Japan, the “Agreement on the Settlement of Problem concerning Property and Claims and the Economic Cooperation between the Republic of Korea and Japan”(so-called ‘the Claims Agreement’) was concluded between the Governments of the Republic of Korea and Japan. But its contents had not been disclosed. It had generally been accepted in Korea that the Korean national’s individual claims against Japan or Japanese nationals had been comprehensively resolved in accordance with the Claims Agreement. Accordingly, it was still difficult for the victims and their bereaved families to claim damages from Japanese companies. Then, in January 2005, documents related to the Claims Agreement were made public in Korea. On August 26, 2005, the public-private joint committee expressed an official view that the Korean national’s individual rights to claim damages due to anti-humanitarian acts involving Japanese national authority or illegal acts directly related to Japanese colonial rule could not be considered resolved by the Claims Agreement. And on October 30, 2018, the Supreme Court finally confirmed the jurisprudence of upholding the claims of the victims of forced mobilization during the Japanese colonial period and their bereaved families for damages against Japanese companies through its en banc Judgment 2013Da61381.
 This paper focuses on the legal issues in the trial process and the judgment of the domestic courts until the damage caused by forced mobilization is recognized as compensation for damages due to illegal activities against Japanese companies. In addition, I would like to present countermeasures against the Japanese companies’ defense that the claims of the victims forced mobilization during the Japanese colonial period and their bereaved families were not exercised within a reasonable period of time related to the Principle of Good Faith.