postwar compensation and Roh Moo - hyun
2021-06-26
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Japan is waiting for the old people to die.They say it's time-buying, but it's the other way around.So far, the Korean government has compensated the people several times after the war.Moon Jae In is the one who is trying to buy time just because the current government is fleeing.At the time of ２００５, Japanese Military Sexual Slavery was not included, but Japan said it would not recognize government-led coercion, and it goes without saying that the ２０１５ Japanese Military Sexual Slavery agreement was comprehensive.
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In February ２００４, the Seoul Administrative Court ruled in favor of the plaintiff, demanding that five of the ５７ documents related to the Korea-Japan Claim Agreement be released.The trial began in September ２００２ when a group of bereaved families of Japanese victims of forced mobilization demanded that the government confirm the details of the Korea-Japan agreement.
As a result, Japan's compensation issue, which was temporarily settled after the signing of the Korea-Japan Claim Agreement in １９６５, and compensation in the １９７０s, has resurfaced.It's a kind of second round.
At that time, the government appealed on the grounds of its impact on bilateral relations.However, in August ２００４, former President Roh Moo Hyun abandoned the appeal after consulting with Cheong Wa Dae, the chief civil society office, and the National Security Council (NSC) at a meeting of senior aides.
After the release of the claim agreement in January ２００５, public opinion began that the amount of compensation paid by the government in １９７５ was very small compared to that received by Japan.From １９７５ to １９７７, the Park Chung-hee administration spent ９０ percent of its ３００ million dollars on economic development and only １０ percent on compensation.Only ８,５５２ of the estimated １.０３ million victims of forced mobilization benefited.
Accordingly, the Roh Moo Hyun government has prepared follow-up measures.At that time, former President Roh Moo-hyun and Prime Minister Lee Hae-chan set four criteria: (１) support in other ways than legal compensation, (２) support through national compromise and consultation, and (４) support in parliament.To this end, the organization organized is the Public-Private Joint Committee.It consists of ２１ people, including １０ private committee members, including Yang Samsung Law Firm Hwa-woo, Prime Minister Lee Hae-chan, and １１ government officials.
On ２６ August ２００５, the Joint Committee on Civil and Government Affairs announced the results of the following discussions.
(１) Anti-humanitarian illegal activities involving Japanese military forces such as Japanese Military Sexual Slavery, Sakhalin compatriots, and atomic bomb victims are not included in the Korea-Japan Claim Agreement.
(２) The $３００ million loan received from Japan reflects the South Korean government's claim to Japan, such as personal property rights (insurance, deposits, etc.), bonds with Japan, and funds related to the resolution of forced mobilization damage.
(３) The South Korean government is morally responsible for using a considerable amount of free money received from Japan to help victims of forced mobilization (the South Korean government calculated $３６０ million in compensation for forced mobilization out of $１.２２ billion requested from Japan in １９６１).
(４) While continuing to hold the Japanese government accountable for the issue of Japanese Military Sexual Slavery, it will continue to raise the issue through international organizations.
Source article: 中央日報
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The testimony of Lee Yong-soo (former comfort woman) is full of contradictions - an ethical leap by a Korean civil society group to make this an international issue.
Testimony of a former comfort woman who turned around twice
Lee Yong-soo's testimony changes in content
Lee Yong-soo took the stand as a witness in America
Human trafficking broker arrested multiple times
35 years is too short for social change
What follows is the evolution of the testimony of Lee Yong-soo, a leading figure and activist for South Korea's former comfort women. In the trial in which Professor Ryu of Yonsei University, who lectured on the idea that ``comfort women are prostitutes,'' was sued by the Justice League (comfort women's organization), Professor Ryu pointed out the ambiguity of Lee Young-soo's testimony, and as a witness. is requested to appear in court.
Let alone the credibility of her testimony, neither the Justice League nor Lee Yong-soo, the woman herself, could even present any evidence that she was a comfort woman.. As you can see in the image at the beginning, comfort women were recruited through public recruitment in newspapers, and were paid a salary that was unprecedented in terms of monetary value at the time.
Lee Yong-soo's testimony
1992 Testimony Even though I was 16 years old at that time, I was almost naked and couldn't eat or wear clothes, but someone brought me a dress and a pair of shoes. He gave it to me. I wonder how good it must have looked in my young mind when I was told that I would give it to you and let's go. At that time, I thought I didn't need to know anything about that, so I followed him. 1993 Testimony A friend of my age had a child named Kim Boon-soon, whose mother was in the liquor business. One day, when I went to visit his house, his mother said, ``What kind of child are you, you can't even put your shoes on properly? You should go over there with my shoes. "You'll have everything you need. You'll eat a lot of food, and your family will be able to live comfortably." 2004 Testimony I lived in Goseong-dong, Daegu until I was 16 years old.One summer in 1943, when I was 16 years old, I put on a hat that only showed my nose and mouth. A Japanese military official forcibly took me along with my four older sisters from the town. I didn't know where I was going or how I was going to take it. They put us on a windowless train, but when we said we weren't going, they called us Koreans and stepped on us with their shoes and hit us. When I said I was going home, he hit me again. He was beaten so much that he couldn't even walk. 2006 Testimony Around 1942, when I was 15 years old and sleeping at home, I was taken to Taiwan by the Japanese military. Testimony, July 2014 One day in the year I turned 15, a Japanese military officer gestured to me to come. I was scared and ran away, but another Japanese soldier caught me and took me on a train to a Japanese military unit in Taiwan. Testimony, September 2014 A 16-year-old Japanese woman showing off her dress and red leather shoes said, ``I'll feed you to the fullest, and I'll make sure your family can live happily.'' Deceived by the man's words, I followed my friend out. He was forcibly mobilized to a comfort station in Taiwan via China. He was the owner of the comfort station. He was also subjected to electrical torture by this master. 2017 Testimony At the age of 15, he was sleeping at home when he was taken away by the Japanese military. ＜Translation excerpt: Korean wiki＞
Lee Yong-soo also participated in the comfort women movement in the United States, and in 2007, she attended the U.S. House of Representatives as a witness and gave testimony when the House of Representatives adopted a resolution calling for an apology from the Japanese government. There is. The comfort women issue is precisely what Lee Yong-soo's testimony and the comfort women's organization Chongdaehyup (currently known as Justice League) are promoting not only in Korea but around the world under the guise of a human rights movement.
According to newspaper articles from the time (during Japan's annexation of South Korea), Japanese police had busted numerous crimes in which Korean human trafficking brokers abducted girls and sold them. During the Joseon Dynasty, when a class system existed, slaves were exchanged for items such as cow heads through human trafficking brokers.
The period of Japan and Korea's annexation lasted only about 35 years, and of course that was not enough time for cultural customs and social customs that had lasted for more than 500 years to disappear. The human trafficking brokers who supported the slavery system would have no income if they did not work, and although slaves did not exist under the family registration system, it was clear that many people living in similar conditions were left behind. It is thought that At that time, deceiving and buying and selling girls from poor families from rural villages was a common practice on the Korean Peninsula.
Legality of Japanese Annexation of Korea The Supreme Court's decision on recruitment is based on the unilateral recognition of torts under Japanese rule. There are two main points in the judgment of the Supreme Court of Korea. One is the issue of the Japan-Korea Claims Agreement. The second is the recognition of torts under Japanese rule, which was the premise of the decision.
The waiver of claims in post-war processing was under the San Francisco Peace Treaty. Japan has abandoned its diplomatic protection rights related to claims. Countries that do not ratify the peace treaty will individually conclude a treaty. Diplomatic protection means that the country does not diplomatically protect the exercise of claims against other countries. A-bomb survivors in Hiroshima have attempted to claim damages against the United States for indiscriminate attacks on civilians as a tort. At this time, the view of the Government of Japan is that the Government of Japan has abandoned its diplomatic protection rights and the government is not involved. However, he replied that the individual's claim was not extinguished. "Yanagi answer". It is the answer of the Vice-Minister for Foreign Affairs and the administrative view.
In fact, South Korea has been activating the movement for individual claims by quoting this Yanai answer. Until then, South Korea, on the contrary, interpreted that the individual's claim itself had disappeared (described in the Korean side manual of the 1965 Agreement), and after hearing this Yanai's answer, he knew for the first time that the individual's claim would not be extinguished. It was. Aside from the administrative view of Japan, the legal view was that in 2007 the Supreme Court of Japan stated that it was not subject to protection, including individual jurisdiction. At the same time, the individual's claim right will not be extinguished.
In other words, the problem is that a treaty is a promise between countries, not a contract between individual citizens. Individuals do not lose their claims as individual rights, but the state does not act for them. The Supreme Court of Korea interpreted that the jurisdiction would not be extinguished. The first point is whether or not jurisdiction is included.
Regarding the second tort recognition, when Japan signed the 1965 Agreement, Japan is approaching the conclusion with a consistent view that the annexation of Korea is not an illegal act under international law. The eight articles presented by the South Korean side in the agreement are about claims for the property of natural persons (individuals), but it is written and agreed in the agreement to abandon them. And it is not the concept of compensation, but economic cooperation.
The Japanese annexation of Korea is not illegal because there is no fact that Japan occupied it by force and forcibly concluded it, and it was signed and stamped when the two countries signed the agreement. The letter of the emperor Sunjong's name is written on the power of attorney to delegate full authority to Prime Minister Ye Wanyong, and there is no debate about whether this is a signature, and Sunjong itself is not recognized as an emperor. There is a claim that there is no signature of Gojong, but the universal public law of international law at that time stipulates that the signature of the head of state is not always necessary for concluding a treaty.
The reason why tort recognition is the point is that the Korean side ignored the views and interpretations under international law and unilaterally recognized it as tort. Korean civil law stipulates that personal property rights and claims will be extinguished if not exercised for 20 years. In other words, normally, both the recruiter and the comfort woman have passed the extinction prescription of the claim. Looking at the cases of claims related to the claim right at the time of the annexation of Japan and South Korea in South Korea, there are a number of judgments that were dismissed because of the extinction prescription. What happens if the Japanese annexation of Korea becomes an illegal act? The claim right at point 1 does not expire. Since it is a principle of international law that the right to claim under tort has no statute of limitations, the Daiho-in Temple has unfoundedly recognized the annexation of Korea as a tort.
As mentioned above, an individual's claim will not be extinguished only on the premise of tort. The treaty exists as another matter, it is a promise between countries, and the Korean government has a strict obligation to keep the treaty.
Korean group trying to stop the comfort women movement in South Korea The method is to stay up all night and reserve a space first.
Preemption of space for South Korean far-right groups began in May 2020. In the wake of allegations of misappropriation of sponsorship funds by Rep. Yoon Mi-hyang, who served as the president of the Justice and Remembrance Solidarity (a core organization in the comfort women litigation movement), far-right civic groups held a rally in front of the Statue of the Girl of Peace. They began filing reports ahead of the Justice League.
Meeting notifications can be submitted 30 days (720 hours) in advance, but members of far-right and conservative groups are staying up all night taking turns at the waiting area at Jongno Police Station, where meeting notifications are accepted. , the place is taken away every time.
Although it is a primitive method, it is amazing that they are trying to stop the comfort women movement even by staying up all night.
Kang Kyung-ran, head of the Solidarity Movement for Justice League, said, ``Far-right groups are claiming to ``end the Wednesday demonstrations forever'' and have filed a gathering at the same location. She is a prostitute () on a daily basis, and she does not hesitate to say things that insult us.
I have decided to petition the National Human Rights Commission to take urgent remedial measures and investigate the human rights violations occurring at the rally site, as well as to investigate the police who ignore these acts."
The anti-comfort women movement in South Korea is led by far-right political parties and carried out by civil society groups.
The Korean National Police Agency’s landing on Takeshima is a strategy of disruption aimed at the Japan - U.S. - Korea trilateral foreign ministerial talks.
A joint press conference scheduled for November 17th in Washington, D.C., after the trilateral Foreign Ministers' Meeting between Japan, the United States, and South Korea, was canceled at short notice. U.S. Deputy Secretary of State Wendy Sherman held a solo press conference on behalf of the three countries. Deputy Secretary of State Sherman said, ``There are bilateral differences between Japan and South Korea that need to be resolved. To that end, we have changed the format of the press conference.''
It is reported that the reason why the Japanese side refused to hold a joint press conference was that Korean National Police Agency Commissioner Kim Chang-ryong landed on Takeshima the day before the talks. Reports in South Korea said things like ``Japan destroyed America's face,'' ``Japan refused the interview without permission,'' and ``Deputy Secretary of State Sherman's solo press conference was a strange sight.''
In the first place, there seems to be no recognition that it was the South Korean side that took the outrageous step of landing on the Takeshima issue, which is a sensitive issue between Japan and South Korea, the day before the Japan-U.S.-Korea meeting. Moreover, the Commissioner of the National Police Agency is the head of the administrative agency.
The South Korean side is at fault in most of the Japan-Korea issues, but the reports published within South Korea only justify themselves.
In the first place, Takeshima is an inherent territory of Japan both historically and under international law. What South Korea should do is not for the Commissioner of the National Police Agency to land on Takeshima, but to go to the International Court of Justice and seek a decision based on international law. It is clear that the landing on Takeshima was carried out to coincide with the trilateral foreign ministerial talks between Japan, the United States, and South Korea.
This is related to the South Korean presidential election to be held in 2022, and is aimed at improving the current government's approval ratings, but the people most likely to be happy about this are China and North Korea. China is wary of Japan, the US, and South Korea getting closer.
That's why they started this commotion with the aim of holding talks between the vice ministers of foreign affairs between Japan, the US and South Korea. If you think about it this way, the objectives are completely consistent with what the Moon Jae-in administration has done thus far. And in this case, it can be said that that purpose was clearly demonstrated.
Since the Moon Jae-in administration came into power, the Takeshima issue has become more radical, and issues such as the Rising Sun flag, forced labor, and comfort women have all crossed the line. They are engaging in brinkmanship diplomacy that is on the verge of destroying Japan-South Korea relations.
These can be seen as an appeal to North Korea and China, and also seem to be a love call to be included in the Chinese economic bloc. The South Korean people are enthusiastic about these movements and support Moon Jae-in's popularity.
South Korea wants to join China and North Korea. This has been Moon Jae-in's wish from the beginning. If you look at it that way, everything you've said and done so far makes sense.
North Korea and China are authoritarian countries. Japan and the United States are democratic countries, and South Korea is also supposed to be a democratic country, but I wonder if the social system doesn't matter.The one country that the Moon Jae-in administration wants to get along with after saying goodbye to Japan and the United States is the UN sanctions resolution. One country that continues to suffer is North Korea, and one country that has been criticized by Europe, the United States, and Japan is China, which has been criticized for the Hong Kong issue, the Taiwan Strait issue, and the Uighur issue.
I feel like the future direction of Korea is becoming clearer.
Japanese Military comfort woman A major flaw in the scrapping of the agreement is President Moon Jae In's dissolution of the Reconciliation and Healing Foundation.
The comfort women agreement is an official agreement
South Korea does not understand the agreement
2015 Comfort Women Agreement
The claim date is from 1965. Comfort women agreement establishes foundation
With the dissolution of the foundation, former comfort women cannot negotiate with Japan
In 2021, Moon Jae-in recognized the comfort women agreement as an official agreement between the governments. I wonder if these words were uttered out of a feeling that further deterioration of Japan-Korea relations would be a problem because it would affect the economy, regarding the lawsuit filed by former comfort women against the Japanese government. The problem is that the South Korean side doesn't fully understand the contents of the 2015 agreement.
Reading the comfort women agreement, it is clear that the main purpose of the agreement is for the South Korean government to establish a ``foundation'' to support former comfort women. Based on this assumption, the comfort women issue between the two countries will be finally and irreversibly resolved. In addition, we will refrain from blaming or criticizing each other regarding this issue in the international community. The Korean government will strive to resolve the issue of the girl statue in front of the Japanese Embassy in South Korea appropriately through consultations with related organizations. The order is as follows.
2015 comfort women agreement
Japanese side:
(2) The Japanese government has been sincerely addressing this issue, and based on its experience, it has recently decided to use the Japanese government's budget to heal the emotional wounds of all former comfort women. Take measures to ease the situation. Specifically, the South Korean government established a foundation for the purpose of supporting former comfort women, provided a lump sum of funds from the Japanese government's budget, and the Japanese and South Korean governments cooperated to provide support for all former comfort women. We will carry out projects to restore the honor and dignity of comfort women and heal their emotional wounds.
2. South Korean side:
(1) The Korean government evaluates the Japanese government's statements and efforts leading up to this announcement, and the Japanese government has confirmed the above 1. On the premise that the measures stated in (2) are steadily implemented, through this announcement we confirm that, together with the Japanese government, this issue will be finally and irreversibly resolved. The Government of the Republic of Korea will cooperate with the measures taken by the Government of Japan.
The comfort women agreement states that the South Korean government will establish a foundation and work through its activities to resolve issues with former comfort women.
In other words, the entire premise of this comfort women agreement was the establishment of a foundation, and as expected, Moon Jae-in dissolved this foundation. If this is recognized as an official agreement, there is an obligation to rebuild the ``Foundation for Reconciliation and Healing.'' Since this has not been done, even if South Korea says something, it will simply be bringing up a topic unrelated to the comfort women agreement. The issue of claims was resolved in 1965.
The purpose of establishing the foundation is to carry out projects to restore the honor and dignity of former comfort women and to heal their emotional wounds. Nowhere does it say that Japan should simply distribute the 1 billion yen it contributed. In other words, South Korea has abandoned its efforts to establish a foundation and restore the honor and dignity of former comfort women.
Looking at this from a different angle, with this agreement, the comfort women issue is no longer an issue between the governments of the two countries, but an issue between the foundation and the individual former comfort women. The former comfort women are demanding that Japan's prime minister meet in person and apologize, which is an unlikely request, but let's assume it happened. That can only be the result of negotiations conducted through the Reconciliation and Healing Foundation. Without the Foundation, no one can negotiate with Japan. This is not an issue of claims or human rights, but rather an issue of default by the South Korean government, which has abandoned its efforts to establish a foundation and resolve the issue.
If you confuse the claim rights issue with the comfort women agreement, you will lose sight of the essence. The major flaw in the cancellation of this agreement is that it dissolves the Foundation.
