Abstract
Introduction
Theoretical framework
The absence of procedural, retributive, and restorative justice
from the 2015 Agreement
Retributive justice: legal responsibility
Restorative justice: reinstating the victims’ dignity
Conclusion
References
abstract
Using a combination of theory and case study analysis, this article aims to show that the “Comfort Women” Agreement, ratified on December 28, 2015 between South Korea and Japan, lacks procedural, retributive, and restorative justice, with subsequent effects on the chances of reconciliation between the two countries and of restoring the honor and dignity of victims. This outcome prompts important questions regarding the role of agency and authority in reconciliation, namely, whether a government has the right to reconcile on behalf of victims, and whether the views of survivors and involvement of the public should be excluded in favor of confidentiality and efficiency. In discussing these matters, this article seeks to provide a solution to the “comfort women” issue, while illuminating its implications for the future relationship between South Korea and Japan.
Introduction
On December 28, 2017, 2 years after South Korea and Japan had ratified the so-called “Comfort Women” Agreement, relations between the two countries began to break down following the findings of a South Korean government task force appointed to review the agreement