1965 Agreement Japan South Korea

Yet in October 2018, Korea`s Supreme Court issued a surprising ruling that Japanese private companies must compensate workers on the Korean peninsula who were called upon to work for these companies during the Pacific War. The judgment is based on the principle that the 1910 annexation treaty between Japan and Korea was illegal, null and void, in accordance with the Korean Constitution of 1948. While the Korean government strongly supports the Court`s decision, the Japanese government argues that it is not compatible with the 1965 agreement. First, neither Korea nor Japan has any restrictions on the extent of the claims that were settled by the 1965 agreement. While there are some exceptions to Article 2, paragraph 2, it is clear that the rights of alleged victims were not considered exceptions in the 1965 Convention. In accordance with the general principles of international law on treaty interpretation, any interpretation of the 1965 agreement must conclude that these claims have been settled in a complete and definitive manner. www.korea.net/NewsFocus/History/view?articleId=134245 The Korean government did not abandon the alleged victims when the 1965 agreement was reached; Indeed, the agreement was the result of the active diplomatic efforts of the Korean government on its behalf. Having already taken diplomatic measures, the Korean government cannot exercise it again. In short, the 1965 agreement requires the Korean government to compensate alleged Korean victims. However, the Korean government believes that Japan is still required to pay compensation. This is an ongoing international dispute between two countries.

It was confirmed that all agreements or agreements between the Empire of Japan and the Empire of Korea on 22 August 1910 were already null and void and non-abortive. [5] 1. Japan and the Republic of Korea established close, friendly and cooperative relations on the basis of the treaty establishing fundamental relations between Japan and the Republic of Korea and other relevant agreements concluded by the two countries during the normalization of their relations in 1965. the agreement on the settlement of property and debt problems and on economic cooperation between Japan and the Republic of Korea (the “agreement”), which is at the heart of these agreements; provides that Japan provides the Republic of Korea with US$300 million in grants and loans of up to USD 200 million (Article I), that the issues relating to the ownership, rights and interests of both parties and their nationals (including legal entities) and claims between the parties and their nationals are “totally and definitively resolved” and that no disputes be raised on this matter (Article II).

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