미주인권법원의 피해자권리 보호

• 영문명: Protection of Victim’s Rights in the Inter-American Court of Human Rights: Implications for the Remedies for the Victims of Japanese Military Sexual Slavery
• 발행기관: 국제법평론회
• 저자명: 박배근(Park, Pae Keun)
• 간행물 정보: 『국제법평론』제58호, 73~96쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.02.28

영문 초록

‘Victim-centered approach’ acquired the position of core concept in the realm of protection of human rights both in domestic and international level. The so-called victim’s rights became to be included in the list of the most important human rights. In light of these developments, it is natural and legitimate demand that the integral remedies should be given to the victims of Japanese Military Sexual Slavery (known as Comfort Women also). Nonetheless, the 2015 agreement between Korea and Japan for the settlement of problems regarding the remedies for them is said to have disregarded this important trend. In that sense, the agreement had no recourse but to result in failure. The practice of the Inter-American Court of Human Rights shows plenty of cases through which the Court provided various kinds of remedies to the victims. The Court played most important role in the coinage of the concept of the ‘integral reparations’ and significantly contributed to international human rights law in that respect. Through its judgments, the Court provided to the victims restitutions, rehabilitation, satisfaction, guarantees of non-repetition as well as monetary compensation. In those judgments, we can find diverse types of remedies which the victims of Japanese Military Sexual Slavery also pursue to acquire from the government of Japan. This implies that the demands of remedies submitted by the victims of Japanese Military Sexual Slavery are legitimate ones and have sufficient grounds in international human rights law. At least in the Inter-American human rights protection system, same kinds of demand have been fulfilled by the Inter-American Court of Human Rights. From now on, in every approach to the resolution of the problem of the victims of Japanese Military Sexual Slavery, keen awareness of the victim’s rights is necessary as has been shown by the Inter-American Court of Human Rights.

목차

Ⅰ. 머리말

Ⅱ. 일본군‘위안부’ 피해자의 피해자 권리

Ⅲ. 미주인권법원의 피해자 구제판결

Ⅳ. 맺음말

키워드

미주인권법원 미주인권협약 일본군 ‘위안부’ 피해자 피해자권리 피해자 중심주의 Inter-American Court of Human Rights American Convention on Human Rights Victims of Japanese Military Sexual Slavery(known as Comfort Women ) Victim’s Rights Victim-centered Approach