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The Challenges in Pursuit of Reconciliation of Jeju Historical Injustice: Some Observation on Taxonomy of Reparations and the Process of Reconciliation

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  • URLhttps://db.koreascholar.com/Article/Detail/269635
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세계환경사회거버넌스학회 (World Association for Island Studies)
초록

There are many reparations cases in East Asia, especially relating to Japanese invasion and colonization, such as those on forced slave labor, comfort women, Chinese massacres; and a number of related lawsuits have to date been filed. However, most of these legal cases have been turned down, even though a limited number of cases (e.g., the Hanaoka and Nishimatsu Chinese forced labor cases) have been resolved outside of the courts. In this paper, the Jeju April 3rd massacre has been taken close up as one of the Asian reparations cases. Thus I’ll try to discuss how to deal with this past injustice compared to other related reparations cases and point out the challenges we are facing relating to this horrifying historical injustice in the 1940s-50s in this peaceful Jeju island. First, international as well as domestic reparation cases will be surveyed in depth. Second we’ll deal with why the legal cases have been unsuccessful so far in Japan, and the ways to overcome legal obstacles. Then we will discuss the mechanism of reparations and its goal: reconciliation and a change of the international and racial relationship. The important role of an apology will also be considered.

목차
Abstract
 [I] Introduction: Overview of the Jeju Massacre(A) The Aim of
 [II] Legal & Theoretical Analyses: Legal Obstacles and How to Overcome them
 [III] Legal Obstacles: Why Have Legal Claims Been Dismissed in Many Cases?
 [IV] The Variety of the Reparations Remedies: Comparisons of Legal and Moral Reparation/ Responsibility
 [V] Theoretical Frameworks: The Process of Reparation and Reconciliation
 [VI] The Problem of Inheritance of Historical Responsibility
저자
  • Kunihiko Yoshida(School of Law, Hokkaido University)