韩国法院对民间战争受害者权益的救济与对我国的启示

The Relief by Korean Court to Civil War Victim Rights and Its 'Inspiration to China

2012年5月,韩国大法院分别对以日本三菱重工业株式会社和新日本制铁株式会社为被告的两起《强掳劳工案》做出了判决,认为:原告等对被告的请求权并非因韩日两国间的《请求权协定》而消灭,进而原告们可对被告行使此类请求权。这些判决在广泛得到韩国各界认可的同时,也遭到了部分国际法学者的批评。本文将从国际法层面对这些判决进行分析,并对我国处理类似案件提出建议。

In May 2012,the Korean Supreme Court handed down judgments on the cases involving individual claims held by some Korean victims of forced labour by Japan. In the two cases brought against the Mitsubishi Heavy Industries and the New Nippon Steel,the Supreme Court held that the individual claims of the Korean victims of forced labour by the Japanese state and Japanese companies were not and could not settled away by the'lump-sum settlement'generally known as the 1965 Claims Settlement Agreement between Korea and Japan. These judgments,while generally well received by Korean society that is increasingly concerned by the growing conservatism in Japan,raise a number of questions from international law perspective. In this article,the author will analyze these judgments under the international law,and also will give some suggestions for China to deal with similar cases.