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Constitutionality of the Agreement between the Foreign Affairs Ministers of the Republic of Korea and Japan on the Issue of 'Comfort Women' on 28 December 2015

Title
Constitutionality of the Agreement between the Foreign Affairs Ministers of the Republic of Korea and Japan on the Issue of 'Comfort Women' on 28 December 2015
Author
방승주
Keywords
Comfort Women Agreement on 28 December 2015; Consent of the National Assembly; Statutory or Parliamentary reservation; Crime against Humanity; Legal Responsibility and Compensation of the Japanese Government
Issue Date
2016-12
Publisher
De Gruyter
Citation
ICL Journal, v. 10, issue 4, Page. 400-424
Abstract
On 28 December 2015, Korean Foreign Minister Yun Byung-se and Japanese Foreign Minister Fumio Kishida held a meeting at the Korean Foreign Ministry in Seoul and announced that they had reached an agreement to resolve the so-called 'comfort women' issue, who were forcibly drafted into sexual slavery by the Japanese imperial army in World War II. But the agreement's binding effect and constitutionality are highly controversial. This agreement violates not only the principle of the statutory or parliamentary reservation by the restriction of the basic rights and the power of the National Assembly to consent to the treaty pursuant to Article 60 (1) of the Constitution, but also infringes the constitutional rights of the 'comfort women' victims, such as the right to human dignity, the right to know, and the right to property. This article provides a review of current and potential constitutional litigation regarding the agreement, including the claim that has already been brought by the comfort women survivors, and potential suits concerning the competence dispute and impeachment by the National Assembly.
URI
https://heinonline.org/HOL/P?h=hein.journals/vioincl10&i=404https://repository.hanyang.ac.kr/handle/20.500.11754/101421
ISSN
1995-5855; 2306-3734
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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