South Korean Courts Establish Human Rights Principles Above 'Sovereign Immunity' (Comprehensive Report 2)

Comfort Women Victims' Lawsuit Against Japan First Trial
Plaintiffs Win Verdict... "Pay 100 Million Won Each"

Attorney Kim Kang-won, the legal representative for the grandmother, is answering questions from the press after the trial.
[Image source=Yonhap News]

[Asia Economy reporters Seongpil Cho and Chulyoung Lim] Our courts have ruled in favor of the Japanese military comfort women victims in their lawsuit seeking damages against the Japanese government. This is the conclusion reached by our courts five years after the case was formally referred to trial in January 2016. It is also the first judgment on a damages lawsuit filed by comfort women victims.

The Seoul Central District Court Civil Division 34 (Presiding Judge Junggon Kim) ruled in favor of the plaintiffs on the morning of the 8th in the damages lawsuit filed by 12 comfort women victims, including the late Chunhee Bae, against the Japanese government. The court stated, "Due to the Japanese government's inhumane acts, the plaintiffs suffered unimaginable extreme pain," and ordered "the defendant Japanese government to pay 100 million won per person to the plaintiffs."

"Inhumane Acts... Sovereign Immunity Principle Does Not Apply"

The key basis for the court's acceptance was the 'exception to sovereign immunity.' The sovereign immunity principle is an international customary law that 'a court of one country cannot try another country as a party to a lawsuit.' The Japanese government had refused to participate in the lawsuit based on this principle, arguing that "the lawsuit cannot be established, so the plaintiffs' claims should be dismissed." On the other hand, the comfort women victims appealed during the trial to reject the sovereign immunity principle. They argued that the Japanese military's abduction of the victims constituted violations of international law, inhumane illegal acts, and international crimes, so the sovereign immunity principle should not apply.

For this part of the trial, the court examined existing legal precedents along with the comfort women victims' applications for registration as recipients of livelihood support and materials refuting the sovereign immunity principle under international law. The court is also known to have referred to the Italian Ferrini case precedent. The Ferrini case was a 2004 ruling by the Italian Supreme Court recognizing an exception to sovereign immunity and holding Germany liable for damages in a lawsuit filed by Luisa Ferrini, who was forcibly taken to Germany for forced labor during World War II.

After about eight months of hearings since the first trial in April last year, the court accepted the comfort women victims' claims. The court stated, "While the sovereign immunity principle applies to lawful acts unless there are special restrictions, Japan violated international peremptory norms through planned and organized inhumane acts."

Raindrops have gathered in the eyes of the Girl Statue in front of the former Japanese Embassy in Jongno-gu, Seoul. [Image source=Yonhap News]

Possibility of Similar Conclusions in Related Lawsuits... Korea-Japan Relations Strained

By creating a rationale to overcome the sovereign immunity principle, the court has opened the path for the comfort women victims to recover damages. It is highly likely that the same conclusion will be reached in the damages lawsuit filed by other comfort women victims and their families, including Yongsu Lee and Wonok Gil, scheduled for the 13th.

Korea-Japan relations are expected to become even more strained. The series of bilateral conflicts that have been ongoing since October 2018, including the issue of forced labor compensation during Japanese colonial rule, export restrictions, and the Korea-Japan General Security of Military Information Agreement (GSOMIA), remain at a standstill without progress. Diplomatic disputes between the two countries' foreign ministries are expected to continue immediately. The Ministry of Foreign Affairs has stated that this is a matter for the judiciary but has continuously urged Japan to sincerely acknowledge responsibility and apologize for a genuine resolution. In particular, it maintains that the 2015 Korea-Japan comfort women agreement was unacceptable because the victims' opinions were not sufficiently collected and reflected. Japan, on the other hand, has strongly opposed this, insisting that the Korean government must faithfully implement the 2015 Korea-Japan comfort women agreement even if the administration changes.

Researcher Eunmi Choi of the Asan Institute for Policy Studies analyzed, "Since appealing would mean recognizing the trial, it seems unlikely that Japan will appeal," but added, "Considering Prime Minister Yoshihide Suga's very low approval rating, Japan may react more strongly to the comfort women ruling, so Korea-Japan relations are expected to become more difficult."

The late grandmother Bae Chun-hee

"Wishing the Grandmothers to Live Long and Healthy Lives"

Attorney Kangwon Kim, the plaintiffs' legal representative, expressed to reporters after the verdict, "I am deeply moved." When asked about the possibility of compulsory execution of the compensation, he said, "It is necessary to separately review whether there are assets subject to compulsory execution," and "It is difficult to give a direct answer." Attorney Kim also conveyed his wish to the victims, saying, "I hope they live long and healthy lives."

Civil society organizations such as the Justice and Memory Foundation also welcomed the court's ruling. The foundation stated, "This ruling not only aligns with the constitutional order of the Republic of Korea but also is a pioneering judgment that leads the respect for human rights principle of international human rights law," and evaluated, "A new horizon for human rights protection that courts worldwide can emulate has been opened." The foundation further demanded, "The Japanese government must promptly compensate according to the ruling."

This lawsuit began when comfort women victim Grandma Bae and others filed a civil mediation application in 2013 against the Japanese government, demanding "100 million won per person, totaling 1.2 billion won" in compensation. However, the Japanese government refused mediation, and the victims requested in October 2015 that the case be referred to a formal trial. The court accepted this, and the case was formally referred to trial in January. Grandma Bae, who filed the lawsuit, passed away in 2014, and co-plaintiffs Gunja Kim, Sunok Kim, and Heenam Yoo also passed away during the lawsuit proceedings.

This content was produced with the assistance of AI translation services.