Righting the Wrongs of the Past Between the Republic of Korea and Japan as a Retrial of the “San Francisco System”

The article examines the unresolved historical and legal conflicts between the Republic of Korea and Japan stemming from Japan’s colonial rule over Korea from 1910 to 1945. It highlights how the 1951 San Francisco Treaty, while addressing war-related issues, neglected Japan’s colonial responsibilities and excluded Korea from the peace settlement. The 1965 Korea-Japan Claims Agreement resolved financial and property matters but did not provide reparations for colonial injustices or acknowledge the illegality of Japanese rule. Korean victims of forced labor and “comfort women” have continued to seek justice through lawsuits, leading to landmark rulings by Korean courts that affirm Japan’s occupation was illegitimate and that individual claims remain valid. These rulings have fueled diplomatic tensions, as Japan maintains that all claims were settled by the 1965 agreement. The article critiques the Cold War-era settlement, which prioritized geopolitical interests over historical justice, and discusses the ongoing “retrial” of the San Francisco System in Korean courts. It underscores the importance of legal activism and democratization in challenging established narratives. The study calls for a comprehensive reevaluation of the treaty system and recognition of colonial wrongs. Ultimately, it portrays the ongoing struggle for historical accountability and reconciliation between Korea and Japan.