인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
학술저널
Full-text
오류 신고하기해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
초록·키워드
Even now in 2017, the 72<SUP>nd</SUP> year since the end of the Second World War, still, no legal remedy has been made, concerning the war crimes committed during the Japanese colonial era. The victims constantly insisted on the legal settlement against the Japanese government and asked the Korean government for the exercise of the diplomatic protection till now. Besides, Korea, Japan, and the United States have filed civil suits with Japanese government or companies being the plaintiff themselves. Even today, in the Seoul Central District Court, there is a pending suit for damages, raised by the ‘comfort women’ victims due to the illegal act with the Japanese government as the accused. Concerning the conveyance of the litigation documents of this case, Japan refuses the conveyance of the documents, insisting on the principle of state immunity in civil trials. Then, could the foreign country enjoy the immunity of international jurisdiction in the cases of significant human rights abuse like the crime of Japanese military sexual slavery? Does this really meet the legal justice?
This case is the first case of the domestic court filed against a foreign country, which is a sovereign country for the reason of significant human rights abuse. First, this study investigated the concrete relevance to the fact in the crime of Japanese military sexual slavery, focusing on the records of the war crimes trials of the Second World War. Next, this study introduced the precedents in Europe, which established civil jurisdiction in the cases of significant human rights abuse, civil jurisdiction excluding the assertion of state immunity, and lastly, this study summarized the reasonable ground on which the assertion of sovereign immunity should be excluded in this case.
As a war crime recorded in war crimes trials, Japanese military sexual slavery, so-called ‘comfort women’ crime makes the Japanese government’s claim lose its footing. Nevertheless, since the war ended, it has not been settled over a quarter of a century, which proves the degree of the continued negligence of women’s lives. Even in the cases of significant human rights abuse, it seems that the acknowledgment of the exception of state immunity has not yet received international approvals through international laws or international practices. Nevertheless, foreign precedents on significant and massive brutal human rights abuse are influentially insisted as minority opinions, so it is necessary to conduct a study of how to utilize this ground in the case of Japanese military sexual slavery. This is not an issue limited to the case of Japanese military sexual slavery, currently pending in trials. This is the true constitutionalism and the true performance of the role of the law, severing the link of the continuing brutal war crimes against women and children. Beyond the protection of the native people of the state of the forum, the universal role in the protection of human rights is not different at all, even in the civil suits that deal with the rights in the private laws. Hopefully, efforts such as the procedures at international alliances and international organizations and lawsuits in the court of the assaulter country will be exhausted, and as the ultimate step, righteous judgment will be made in the civil suit filed at the domestic court chosen by the victims.
This case is the first case of the domestic court filed against a foreign country, which is a sovereign country for the reason of significant human rights abuse. First, this study investigated the concrete relevance to the fact in the crime of Japanese military sexual slavery, focusing on the records of the war crimes trials of the Second World War. Next, this study introduced the precedents in Europe, which established civil jurisdiction in the cases of significant human rights abuse, civil jurisdiction excluding the assertion of state immunity, and lastly, this study summarized the reasonable ground on which the assertion of sovereign immunity should be excluded in this case.
As a war crime recorded in war crimes trials, Japanese military sexual slavery, so-called ‘comfort women’ crime makes the Japanese government’s claim lose its footing. Nevertheless, since the war ended, it has not been settled over a quarter of a century, which proves the degree of the continued negligence of women’s lives. Even in the cases of significant human rights abuse, it seems that the acknowledgment of the exception of state immunity has not yet received international approvals through international laws or international practices. Nevertheless, foreign precedents on significant and massive brutal human rights abuse are influentially insisted as minority opinions, so it is necessary to conduct a study of how to utilize this ground in the case of Japanese military sexual slavery. This is not an issue limited to the case of Japanese military sexual slavery, currently pending in trials. This is the true constitutionalism and the true performance of the role of the law, severing the link of the continuing brutal war crimes against women and children. Beyond the protection of the native people of the state of the forum, the universal role in the protection of human rights is not different at all, even in the civil suits that deal with the rights in the private laws. Hopefully, efforts such as the procedures at international alliances and international organizations and lawsuits in the court of the assaulter country will be exhausted, and as the ultimate step, righteous judgment will be made in the civil suit filed at the domestic court chosen by the victims.
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
최근 본 자료 전체보기
UCI(KEPA) : I410-ECN-0101-2018-360-001686968
