At the Crossroads of ‘Liquidation’ and ‘Escape’: Analysis of the Evolution and Meaning of the Discourse on Transitional Justice in South Korea

2021 ◽  
Vol 45 ◽  
pp. 351-390
Author(s):  
Yongseok Noh
Keyword(s):  
South Korea ◽  
Transitional Justice ◽  
Escape Analysis

Fake Spies, Democratization, and Transitional Justice in South Korea

Asian Survey ◽  
2021 ◽  
Vol 61 (2) ◽  
pp. 356-386
Author(s):  
Sunkyoung Park ◽  
Ji Yeon Hong
Keyword(s):  
South Korea ◽  
Transitional Justice ◽  
Authoritarian Regime ◽  
The Political ◽  
Survey Analysis ◽  
Political Repression ◽  
Data Set ◽  
The Past ◽  
Political Conditions ◽  
New Democracy

Many democracies start with aspirations to rectify wrongs that occurred under the preceding authoritarian regime. To what extent can a new democracy address political repression and violence by dictators, given that key actors from the past often remain politically powerful? What determines the success of those efforts? We construct and analyze a novel data set on 102 retrials of allegedly fabricated espionage cases in South Korea to explain the political conditions under which a democratic judiciary reverses past errors. We find that the time since democratization, a leader’s policy drive for transitional justice, and the degree of fabrication in the past all affect retrial acquittal rates. We also find that judges who were appointed under the authoritarian regime are less likely to nullify past verdicts. Furthermore, national survey analysis suggests that the overturning of past fabricated verdicts significantly enhances citizens’ overall trust in the judiciary.

scholarly journals Sketches for a Reparation Scheme: How Could a German-Italian Fund for the IMIs Work?

2021 ◽  
pp. 159-187
Author(s):  
Filippo Fontanelli
Keyword(s):  
South Korea ◽  
Transitional Justice ◽  
Comfort Women ◽  
The Us ◽  
Set Up ◽  
Judicial Remedies

AbstractGiven the deadlock in the current negotiations between Germany and Italy and the unavailability of judicial remedies for the victims, the two states could set up a reparation scheme. This chapter sketches some of the main features of such a hypothetical scheme, considering existing internal or international arrangements in the context of transitional justice (the Foundation ‘Remembrance, Responsibility and Future’ (Erinnerung, Verantwortung und Zukunft) scheme; the Australian DART scheme; the deal between Japan and South Korea on reparations to ‘comfort women’; the US/French schemes for reparations and restitution to holocaust victims; the Eritrea/Ethiopia reparations scheme; and the Iraq/Kuwait scheme). In particular, the emphasis is on the system of identification of the eligible victims, the question of financing and the fate of pending and future judicial claims. Assuming the states’ willingness to explore this project, the chapter outlines some of the ways the scheme could operate in practice, drawing from existing models.

Delayed Reconciliation and Transitional Justice in Korea

2017 ◽  
Vol 45 (3) ◽  
pp. 294-315
Author(s):  
Ja-hyun Chun ◽  
Jung-Sun Han
Keyword(s):  
South Korea ◽  
Transitional Justice ◽  
Theoretical Framework ◽  
National Narratives ◽  
Violent Event ◽  
Korean History ◽  
Psychological Healing ◽  
Modern Korean History ◽  
National Reconciliation

The Jeju April 3rd Incident of 1948, which resulted in the largest number of casualties in modern Korean history other than in war, was a national tragedy. The complexity of the incident and its importance in Korean history explain the failure to discuss it publicly until the late 1980s. For this reason, existing studies have largely focused on uncovering the truth about this incident. Even though national reconciliation is an important topic in South Korea, a more structured study from a transitional justice perspective has not been undertaken of this violent event that led to a divided country. Thus, this study provides a theoretical framework for the conditioning of the institutionalisation, national narratives and psychological healing that are required to establish national reconciliation. The paper, then, applies this framework to the Jeju April 3rd Incident. Finally, it evaluates the limitations and challenges of national reconciliation in South Korea.

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