High court “recognizes the claim… “200 million compensation per person”
‘State immunity applied, lawsuit dismissed’ overturned in first trial
Japan immediately reacts to “violation of agreement”… Korean Ambassador dispatched
In the appeal trial of the compensation lawsuit filed by Japanese military comfort women victims against the Japanese government, the court overturned the first trial’s dismissal decision and ruled in favor of the victims. This is the second ruling acknowledging the Japanese government’s liability for compensation to comfort women victims.
On the 23rd, the 33rd Division of Civil Agreement of the Seoul High Court (Presiding Judge Koo Hoe-geun) ruled in the appeal trial of a damages claim filed by 17 comfort women victims and their bereaved family members, including Lee Yong-soo (95) and the late Kim Bok-dong, and said, “We cancel the first trial ruling and award the plaintiff’s entire claim amount.” “I admit it,” he ruled. The Japanese government was also asked to bear all litigation costs.
Comfort women victims and their bereaved families filed a lawsuit against the Japanese government in December 2016, demanding compensation of 200 million won per person. However, in April 2021, the Seoul Central District Court dismissed the lawsuit without judging the merits by applying ‘state immunity’, a principle under international customary law that states that a court of one country cannot judge another country as a party to the lawsuit. This was controversial because it conflicted with the ruling of another trial in January of the same year that acknowledged Japan’s responsibility for compensating comfort women victims.
On this day, the appellate court overturned the first trial’s conclusion, saying, “Under international customary law, it is appropriate to recognize the jurisdiction of the Korean court over the Japanese government.” The reason was that the recent trend was not to recognize state immunity for illegal acts such as death or injury.
The court also said, “The victims in this case were forced to engage in unwanted sexual intercourse with dozens of Japanese soldiers every day while being oppressed of even the bare minimum of freedom,” and added, “The defendant’s illegal acts during the mobilization of comfort women at the time were acknowledged, and appropriate compensation should be paid.” He said.
On this day, the elderly woman, who came to court in a wheelchair, shed tears as she left the courtroom immediately after the sentencing, saying, “I am there for the grandmothers in heaven and am thankful.”
Japan immediately protested. Japanese Foreign Minister Yoko Kamikawa issued a statement and protested, saying, “It is extremely regrettable and unacceptable as it denies the application of the principle of sovereign immunity under international law and violates the agreement between Korea and Japan.” Masataka Okano, Vice Minister of Foreign Affairs, summoned South Korean Ambassador to Japan Yoon Deok-min to protest, saying, “The ruling is extremely regrettable.”
Tokyo =
Source: Donga
Mark Jones is a world traveler and journalist for News Rebeat. With a curious mind and a love of adventure, Mark brings a unique perspective to the latest global events and provides in-depth and thought-provoking coverage of the world at large.