Japanese Military comfort woman A major flaw in the scrapping of the agreement is President Moon Jae In's dissolution of the Reconciliation and Healing Foundation.
2022-01-29
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The comfort women agreement is an official agreement
In ２０２１, Moon Jae-in recognized the comfort women agreement as an official agreement between the governments. I wonder if these words were uttered out of a feeling that further deterioration of Japan-Korea relations would be a problem because it would affect the economy, regarding the lawsuit filed by former comfort women against the Japanese government. The problem is that the South Korean side doesn't fully understand the contents of the ２０１５ agreement.
South Korea does not understand the contents of the agreement
Reading the comfort women agreement, it is clear that the main purpose of the agreement is for the South Korean government to establish a ``foundation'' to support former comfort women. Based on this assumption, the comfort women issue between the two countries will be finally and irreversibly resolved . In addition, we will refrain from blaming or criticizing each other regarding this issue in the international community. The Korean government will strive to resolve the issue of the girl statue in front of the Japanese Embassy in South Korea appropriately through consultations with related organizations. The order is as follows.
２０１５ comfort women agreement
Japanese side:
(２) The Japanese government has been sincerely addressing this issue, and based on its experience, it has recently decided to use the Japanese government's budget to heal the emotional wounds of all former comfort women. Take measures to ease the situation. Specifically, the South Korean government established a foundation for the purpose of supporting former comfort women, provided a lump sum of funds from the Japanese government's budget, and the Japanese and South Korean governments cooperated to provide support for all former comfort women. We will carry out projects to restore the honor and dignity of comfort women and heal their emotional wounds. ２. South Korean side:
(１) The Korean government evaluates the Japanese government's statements and efforts leading up to this announcement, and the Japanese government has confirmed the above １. On the premise that the measures stated in (２) are steadily implemented, through this announcement we confirm that, together with the Japanese government, this issue will be finally and irreversibly resolved. The Government of the Republic of Korea will cooperate with the measures taken by the Government of Japan.
MEMO The comfort women agreement states that the South Korean government will establish a foundation and work through its activities to resolve issues with former comfort women.
The claim date is from １９６５. Comfort women agreement establishes foundation
In other words, the entire premise of this comfort women agreement was the establishment of a foundation, and as expected, Moon Jae-in dissolved this foundation. If this is recognized as an official agreement, there is an obligation to rebuild the ``Foundation for Reconciliation and Healing.'' Since this has not been done, even if South Korea says something, it will simply be bringing up a topic unrelated to the comfort women agreement. The issue of claims was resolved in １９６５.
The purpose of establishing the foundation is to carry out projects to restore the honor and dignity of former comfort women and to heal their emotional wounds. Nowhere does it say that Japan should simply distribute the １ billion yen it contributed. In other words, South Korea has abandoned its efforts to establish a foundation and restore the honor and dignity of former comfort women.
With the dissolution of the foundation, former comfort women cannot negotiate with Japan
Looking at this from a different angle, with this agreement, the comfort women issue is no longer an issue between the governments of the two countries, but an issue between the foundation and the individual former comfort women. The former comfort women are demanding that Japan's prime minister meet in person and apologize, which is an unlikely request, but let's assume it happened. That can only be the result of negotiations conducted through the Reconciliation and Healing Foundation. Without the Foundation, no one can negotiate with Japan . This is not an issue of claims or human rights, but rather an issue of default by the South Korean government, which has abandoned its efforts to establish a foundation and resolve the issue.
POINT If you confuse the claim rights issue with the comfort women agreement, you will lose sight of the essence. The major flaw in the cancellation of this agreement is that it dissolves the Foundation.
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Korean group trying to stop the comfort women movement in South Korea The method is to stay up all night and reserve a space first.
Preemption of space for South Korean far-right groups began in May 2020. In the wake of allegations of misappropriation of sponsorship funds by Rep. Yoon Mi-hyang, who served as the president of the Justice and Remembrance Solidarity (a core organization in the comfort women litigation movement), far-right civic groups held a rally in front of the Statue of the Girl of Peace. They began filing reports ahead of the Justice League.
Meeting notifications can be submitted 30 days (720 hours) in advance, but members of far-right and conservative groups are staying up all night taking turns at the waiting area at Jongno Police Station, where meeting notifications are accepted. , the place is taken away every time.
Although it is a primitive method, it is amazing that they are trying to stop the comfort women movement even by staying up all night.
Kang Kyung-ran, head of the Solidarity Movement for Justice League, said, ``Far-right groups are claiming to ``end the Wednesday demonstrations forever'' and have filed a gathering at the same location. She is a prostitute () on a daily basis, and she does not hesitate to say things that insult us.
I have decided to petition the National Human Rights Commission to take urgent remedial measures and investigate the human rights violations occurring at the rally site, as well as to investigate the police who ignore these acts."
The anti-comfort women movement in South Korea is led by far-right political parties and carried out by civil society groups.
Legality of Japanese Annexation of Korea The Supreme Court's decision on recruitment is based on the unilateral recognition of torts under Japanese rule. There are two main points in the judgment of the Supreme Court of Korea. One is the issue of the Japan-Korea Claims Agreement. The second is the recognition of torts under Japanese rule, which was the premise of the decision.
The waiver of claims in post-war processing was under the San Francisco Peace Treaty. Japan has abandoned its diplomatic protection rights related to claims. Countries that do not ratify the peace treaty will individually conclude a treaty. Diplomatic protection means that the country does not diplomatically protect the exercise of claims against other countries. A-bomb survivors in Hiroshima have attempted to claim damages against the United States for indiscriminate attacks on civilians as a tort. At this time, the view of the Government of Japan is that the Government of Japan has abandoned its diplomatic protection rights and the government is not involved. However, he replied that the individual's claim was not extinguished. "Yanagi answer". It is the answer of the Vice-Minister for Foreign Affairs and the administrative view.
In fact, South Korea has been activating the movement for individual claims by quoting this Yanai answer. Until then, South Korea, on the contrary, interpreted that the individual's claim itself had disappeared (described in the Korean side manual of the 1965 Agreement), and after hearing this Yanai's answer, he knew for the first time that the individual's claim would not be extinguished. It was. Aside from the administrative view of Japan, the legal view was that in 2007 the Supreme Court of Japan stated that it was not subject to protection, including individual jurisdiction. At the same time, the individual's claim right will not be extinguished.
In other words, the problem is that a treaty is a promise between countries, not a contract between individual citizens. Individuals do not lose their claims as individual rights, but the state does not act for them. The Supreme Court of Korea interpreted that the jurisdiction would not be extinguished. The first point is whether or not jurisdiction is included.
Regarding the second tort recognition, when Japan signed the 1965 Agreement, Japan is approaching the conclusion with a consistent view that the annexation of Korea is not an illegal act under international law. The eight articles presented by the South Korean side in the agreement are about claims for the property of natural persons (individuals), but it is written and agreed in the agreement to abandon them. And it is not the concept of compensation, but economic cooperation.
The Japanese annexation of Korea is not illegal because there is no fact that Japan occupied it by force and forcibly concluded it, and it was signed and stamped when the two countries signed the agreement. The letter of the emperor Sunjong's name is written on the power of attorney to delegate full authority to Prime Minister Ye Wanyong, and there is no debate about whether this is a signature, and Sunjong itself is not recognized as an emperor. There is a claim that there is no signature of Gojong, but the universal public law of international law at that time stipulates that the signature of the head of state is not always necessary for concluding a treaty.
The reason why tort recognition is the point is that the Korean side ignored the views and interpretations under international law and unilaterally recognized it as tort. Korean civil law stipulates that personal property rights and claims will be extinguished if not exercised for 20 years. In other words, normally, both the recruiter and the comfort woman have passed the extinction prescription of the claim. Looking at the cases of claims related to the claim right at the time of the annexation of Japan and South Korea in South Korea, there are a number of judgments that were dismissed because of the extinction prescription. What happens if the Japanese annexation of Korea becomes an illegal act? The claim right at point 1 does not expire. Since it is a principle of international law that the right to claim under tort has no statute of limitations, the Daiho-in Temple has unfoundedly recognized the annexation of Korea as a tort.
As mentioned above, an individual's claim will not be extinguished only on the premise of tort. The treaty exists as another matter, it is a promise between countries, and the Korean government has a strict obligation to keep the treaty.
Japanese Military comfort woman recruited through a newspaper contest. There are many questions about forced arrests from a necessity point of view.
The most questionable point is whether forced arrest of Japanese Military comfort woman was necessary.Lee Yong-soo, who is said to be a former Japanese Military comfort woman, said that the sex industry exists in modern countries and Japan, and that the balance between supply and demand seems to be balanced.In other words, the percentage of men who seek this and women who provide services as a profession.How about in Korea?It is not a situation where people should be forcibly taken away even if they omit ethical issues related to sexual morals.By the way, Japan's unemployment rate stood at 2.8 percent in September.
At that time, many people on the Korean Peninsula were too poor to find jobs, but the unemployment rate dropped dramatically due to Japanese investment, and Joseon itself was surprisingly modernized and developed.Japan was never rich during the war, but men would have to hire them first to get a job.Are there more women who need jobs financially than now?The proportion of men and women after birth or in nature is about 1:1 .It's a simple arithmetic problem.
Japanese Military comfort woman is open to the public through newspaper advertisements, as left as data from that time.And prostitution itself was legal under the laws of the time.In addition, they are paid several times as much as college-graduated men.That seems to have gathered enough people.There are many questions as to why 300,000 people were forcibly taken away.
At that time, Japanese Military comfort woman was paid a lot of money, and when I returned to Korea, I got enough money to buy a house in just about two years.
Korean anti - Japanese activities taking place in New York: How should we deal with them, as they are so outrageous?
In November 2019, the Korea Liberation Association urged the International Olympic Committee (IOC) to ban the use of the Rising Sun flag at the upcoming 2020 Tokyo Olympics in Manhattan Square, New York, United States. marching through the city.
The person who is kneeling down on the ground is Kim Won-eun, the chairman of the Gwangjukai. It is said that Japan is losing to South Korea's lobbying efforts, but this is the reality. Japanese people are not aware that they are conducting activities like this in the United States, a completely different country, which is completely based on no facts and deviates from common sense.
The Gwangbuk-kai, which refers to independence from Japan as Gwangbuk, is the central organization for anti-Japanese activities tied to the so-called Korean government.
In South Korea, there are many anti-Japanese organizations that receive support from the government.
They proudly print a historical error that equates the Nazis with Japan on flags and march through the streets of New York.
They are using this to appeal to the American people to ban the use of the Rising Sun flag at the Tokyo Olympics, which is another logically bankrupt activity, but they don't care about that.
The Nazis were a socialist party that practiced dictatorship and massacred six million Jews.
Japan's Greater East Asia War was a war of Western colonial liberation in Asia, and the only things Japan has in common with the Nazis are that the enemy was a power that continued to expand through colonial rule, and that they lost the war.
The Japan-German-Italy Tripartite Pact was not about jointly fighting a war, but rather a non-interference pact that stipulated that Japan would not intervene in wars in Europe, and Germany and Italy would not intervene in wars in Asia.
South Korea conveniently cites the Nazis and criticizes Japan. They know very little about the difference between Japan and the Nazis.
Are comfort women women's volunteer corps? If you read the ``Women's Volunteer Labor Ordinance,'' you will see that it is a clear lie.
Below is an excerpt from the Women's Volunteer Corps Labor Order. Only those certified by the National Vocational Ability Declaration Ordinance could join the volunteer corps (Article 3).
Excerpts from the National Vocational Ability Declaration Order, which is the basis for Article 3, are also posted thereafter.
It was a proud profession in which only the most talented women could join the volunteer corps. In South Korea, it is believed that women who were sleeping at train stations were taken away and forced to become comfort women. Apparently they think volunteer corps and comfort women are the same thing. The women's volunteer corps is not such a funny story, but it is a group of female workers who were brought together by imperial edict.
The detailed application details and the local commissioner will check your skills. When people confuse comfort women with the volunteer corps, they have no idea what the volunteer corps is. Incidentally, the Women's Volunteer Corps Labor Order has not been issued on the Korean Peninsula.
[Women's Volunteer Corps Labor Order] Imperial Ordinance No. 519 of 1944
Article 3 Persons who are to engage in volunteer work (hereinafter referred to as volunteers) are women who are registered citizens according to the National Vocational Ability Declaration Ordinance.
Girls other than those falling under the preceding paragraph will only be allowed to serve as members if they volunteer.
Article 4: The period of continued volunteer labor shall be approximately one year, unless there are special circumstances.
If you wish to continue working as a volunteer for more than one year, you must obtain the consent of the volunteer.
Article 5 A person who wishes to receive volunteer labor shall request or apply to the local commissioner as prescribed by the order.
Article 6 Local Commissioner If there is a request or application pursuant to the provisions of the preceding article and it is deemed necessary to dispatch the women's volunteer corps, the municipal mayor (municipal mayor) Heads of other organizations or school principals, including those equivalent to the head of the ward (in the areas where the wards of Tokyo exist, as well as Kyoto City, Osaka City, Nagoya City, Yokohama City, and Kanda City, the ward head, and the same shall apply hereinafter); We will order the members to select those who will serve as members.
Article 7: Persons who receive the orders set forth in the preceding article should select those who should become members of the group, taking into account the person's age, physical condition, family situation, etc., and report this to the local chief.
Article 8: The local commissioner shall select members from among those who have submitted a report pursuant to the provisions of the preceding article, notify the person accordingly in a volunteer labor order, and give instructions on necessary matters regarding volunteer labor. I agree.
[National Vocational Ability Declaration Order] Royal Ordinance No. 5 of 1949
Article 2 The following persons shall be required to report (hereinafter referred to as persons required to report):
A person who has been continuously engaged in an occupation designated by the Minister of Health and Welfare for three months or more in the current place of residence.
A person who has been continuously engaged in the occupation listed in the previous item for more than one year, and who has retired for less than five years.
Those who have graduated from a university, vocational school, vocational school, or any other equivalent school designated by the Minister of Health and Welfare by completing a course designated by the Minister of Health and Welfare.
A person who has completed the prescribed course at a technician training facility designated by the Minister of Health and Welfare.
A person who has passed a certification or examination designated by the Minister of Health and Welfare or a person who has obtained a license designated by the Minister of Health and Welfare.
Other persons designated by the Minister of Health and Welfare.
Article 4 When a citizen becomes a person who is required to file a return, or when a person who is required to file under Article 11 and has not yet filed a return no longer falls under the provisions of the same article, the person who is required to file a return shall report the following matters within 14 days to the employment agency in the place of employment if the person requiring the report is employed, and to the employment agency in the place of residence for other persons. After filing the declaration, if the person requiring the declaration moves to another area, the declaration shall be made in the same manner.
One name
Date of birth
Three domicile
Place of residence
Military service related
Academic background
Employed person is his/her occupation name
Place of employment (for those who have two or more places of employment, this is the main place of employment)
If a person is engaged in or has engaged in the occupation set forth in Article 2, paragraph 1, his or her employment history and skill level
For those who fall under Article 2, Item 4, information regarding the course they have completed.
For those who fall under Article 2, item 5, matters related to the examination, certification, or license that they have taken.
Those receiving salary or wages, the amount
Other matters specified by the order.
Article 8: The local commissioner (governor) or director of an employment agency may test the skills and other vocational abilities of the applicant.
