한국전쟁 집단 희생 피해자에 대한 배상과 보상의 입법

초록

It is very natural that any nation should compensate for its war crimes. However, in Korean society, not only has the compensation been disregarded, but also has the mention of this matter been considered as a taboo. Even though the bereaved families made efforts and revealed the war crimes done by the authorities, but they couldn’t be compensated for their damages. They, whose all efforts were frustrated, appealed to the judicial remedy as the last resort. But they hardly accomplished their purpose. Recently an exceptional judgment of the first trial was given for the bereaved. In this case, however, the solatium was 50 or 150 times less than that of other infringement cases on the human right. Massacre cases are too difficult to be compensated through the judicial system as followed table. Table : The judicial remedy according to the victim types Still, many cases on this matter are waiting for the judgement. It is not only severe for the bereaved families but also inefficient for the government to settle all the cases in this individual way. And the judgements seem to be various. Thus it is desirable to deal with them uniformly through the new legislation. In the past there were some acts on the several cases. But the journeys of making the laws were quite perilous. So the legislation on the compensation for the victims of the massacres should be collective and uniform. And in this way the bereaved of the massacres by the enemy can be also remedied.

키워드