著者

小寺 初世子

出版者

広島大学平和科学研究センター

雑誌

広島平和科学 (ISSN:03863565)

巻号頁・発行日

no.4, pp.p1-44, 1981

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During the World War II, Japan commandeered over one million Koreans, people of one of the former Japan's colonies, to make them work in Japanese military factories and mines. When Japan surrendered to the Allied Forces, Korea was pledged to be conferred independence in due course. Those Korean workers who were emancipated from forced labour by Japan's capitulation were in a great hurry to go back to their home country to be independent soon. At this time, for some reasons nobody knows, they left Japan with arrears of wages due to them to be paid by factories where they worked. There seem to have been some conflicts between factories and Koreans or the Association of Koreans. In accordance with the advice of the Japanese Government, many factories deposited the claimed arrears of wages due to Korean workers in deposit offices of Japan. Over 30 years have passed since then. Even today, it seems, to this writer, that the deposited money has never been reimbursed to former Korean workers who are duly entitled to receive it. This fact means that those Korean people, who suffered from commandeering and forced labour have not received the arrears of wages of over 30 years ago. This sounds to be entirely unfair. Nevertheless, from legal point of view, all procedures in regard to the deposit of the arrears of wages due to Korean workers had been made without any fault. Yet, we can not but feel some sense of unfairness in this case. In this paper, the writer tries to analyse the whole process of the case of unpaied wages of Korean workers. It is a sincere hope of this writer that this study will be of some help to find a way to give rescue for those Korean people who are victims of this complicated case.

著者

小寺 初世子

出版者

広島大学平和科学研究センター

雑誌

広島平和科学 (ISSN:03863565)

巻号頁・発行日

no.5, pp.p83-106, 1982

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The progress realized through the efforts at codification of international law since the First Hague Peace Conference of 1899 is, in this author's opinion, quite remarkable in respect to the law of state responsibility. The topic of state responsiblity was already listed among those selected as being suitable for codification when the Conference on the Progressive Codification of International Law was held in 1930 under the auspices of the League of Nations, which ended without success. This topic was revived by the International Law Commission of the United Nations. As the Commission's work proceeded, a trend has been evolved in the theory of international law on legal responsibility of state for its illegal acts or ommission. In other words, criminal responsibility of state has come to be discussed. In fact, not a few treaties now provide for punishment of individuals responsible for state's international crimes. Thus, a new kind of international law, 'international penal/criminal law' or 'penal/criminal international law' has come to attract our attention. And at the same time, the principle of legality has become an important rule in this new law. This short paper is to sum up a tentative result of the author's research on the question of how the principle of legality is, or is not, observed in international criminal law. Her conclusion is, in short, that the principle of legality is proclaimed in the International Bill of Humen Rights. However, neither the principle itself nor provisions in accordance thereto (especially in the provisions of penalties) are yet to be found in any of treaties in the field of international criminal law. One of the reasons the author chose this thenie which is new to her, is, in her belief, that the development of an effective system of punishment of international offences (especially those against peace) will lead to the establishment of peace and security of makind. Various relevant questions have, however, been left undiscussed here, which the author hopes to deal with in th

著者

小寺 初世子

出版者

大阪国際大学

雑誌

国際研究論叢 (ISSN:09153586)

巻号頁・発行日

vol.13, pp.45-70, 2000-03