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The so-called "Comfort Women" Problem and the State's Responsibility to Protect the Human Rights

Title
The so-called "Comfort Women" Problem and the State's Responsibility to Protect the Human Rights
Author
방승주
Keywords
Comfort Women; Comfort Station; Duty to Protect the Human Rights; Responsibility for State’s Absence; Japan’s Responsibility to Apologize and Compensate the Damage; Coomaraswamy Report; Responsibility to Open the War Crime Tribunal
Issue Date
2015-09
Publisher
한양대학교 법학연구소
Citation
Hanyang.Journal of Law, v. 3, Page. 17-47
Abstract
Before and during the Second World War, the Japanese army kidnapped women and girls, mostly from Korea peninsula. These women and girls, so called “Comfort Women”, were transported to the Comfort Stations, raped by an officer first, and raped by several dozens of soldiers in a queue continuously. According to the testimonies of Comfort Women Victims, when they resisted this serving or showed an unsatisfactory attitude, they were beaten or tortured by the sword, killed, or sometimes buried alive. Most of them were killed or abandoned, and only few women survived. However, after they came back home, they suffered enormous physical and psychological disease, and also lived isolated from their family and the society. In this article, in order to review the Comfort women’s legal problems, I dealt with the responsibility of Republic of Korea, Japan and international community with respect to the duty to protect the human rights of Comfort Women Victims. In the first part, I introduced and evaluated the decision of the Constitutional Court on August 30, 2011, which ruled that a certain failure of legal obligation on the part of the Korean Government was unconstitutional. I think that in this decision the constitutional issue of the State’s duty to protect the basic rights of the Comfort Women Victims was explained pretty well, but the State’s duty should have been dealt with from another point of view, the responsibility for State’s Absence. In the second part, the responsibility of Japan for the crime against humanity was dealt with. The last part focused on the responsibility of International Community, especially to have had to open War Crime Tribunal to punish the war criminals after World War II.
URI
http://hylaw.hanyang.ac.kr/html/02-collection/board?tb_name=eng_journelhttp://hdl.handle.net/20.500.11754/27779
ISSN
2383-6253
Appears in Collections:
SCHOOL OF LAW[S](법학전문대학원) > Hanyang University Law School(법학전문대학원) > Articles
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