S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 11 Number 1/2 (2011)
Reparations and Reconciliation in East Asia as a Hot Issue of Tort Law in the 21st Century: Case Studies, Legal Issues, and Theoretical Framework
- Kunihiko, Yoshida
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.11 No.1, pp. 101-122
- Reparations /reconciliation; tort law; apology /atonement; prescription / limitation of action; law and morality; slave labor; comfort women; massacres and bombings
- Reparations and reconciliation issues have been still marginalized in tort law in spite of their pragmatic and theoretical importance in East Asian legal scholarship. On the other hand, there are already many reparations lawsuits, especially relating to Japanese invasion and colonization, on forced slave labor, comfort women, massacres in China. In this article, first, we’l deal with why these legal cases have been unsuccessful so far in Japan, and the ways to overcome legal obstacles. Second, we will discuss the mechanisms of reparation and its goal: reconciliation and changes in international and racial relationship. The important role of an apology, comparison of legal and moral reparations and the related issues will also be considered.