15 Civic Groups Including Minbyun Say "Dismissal of Forced Labor Lawsuit Is Unfair... Must Face Serious Criticism"

On the afternoon of the 7th, at the Seoul Central District Court in Seocho-dong, Seocho-gu, Seoul, Kang Gil, the plaintiff's attorney (right), is speaking at a press conference held after the first trial verdict was dismissed in a lawsuit filed by 85 forced laborers and their families against 16 Japanese companies including Nippon Steel, Nissan Chemical, and Mitsubishi Heavy Industries. [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Civil society groups, including the Lawyers for a Democratic Society (Minbyun), criticized the first-instance court's dismissal ruling in the damages claim lawsuit filed by forced labor victims during the Japanese colonial period against 16 Japanese companies as "unjust." A dismissal is a decision made without examining the merits when the lawsuit does not meet procedural requirements.

On the afternoon of the 7th, 15 civil society organizations including Minbyun issued a joint statement saying, "This ruling prioritizes national interests over the victims' rights, rendering them ineffective," and added, "The political and social effects caused by the ruling are not areas for the judiciary to consider as grounds for judgment."

They stated, "In civil cases, the main trial should only determine the existence of rights between the plaintiff and defendant, and it is incomprehensible to use circumstances after the ruling as grounds for judgment," adding, "Unless there is a significant change in circumstances, it is appropriate to rule according to the Supreme Court's Grand Bench opinion." Previously, in 2018, the Supreme Court Grand Bench recognized the liability of Nippon Steel for compensation to forced labor victims.

They continued, "The court abandoned judicial independence and conscience as judges out of concern for Japan's retaliation and the country's worries," emphasizing, "Although the appellate court is expected to overturn this, the first-instance court's irrational and illogical judgment must be severely criticized."

At 2 p.m. that day, the Civil Division 34 of the Seoul Central District Court (Presiding Judge Kim Yangho) ruled in the damages claim lawsuit filed by 85 forced labor victims including Mr. Song against 16 Japanese companies such as Nippon Steel and Nissan Chemical, stating, "Individual claims cannot be said to have been extinguished or waived directly by the Claims Agreement, but they cannot be exercised through litigation. All plaintiffs' claims are dismissed."

The court explained, "The wording in Article 2 of the Claims Agreement, which stipulates 'complete and final settlement' or 'no claims can be made,' is reasonably interpreted not as the complete extinction of individual claims but as 'restricting Korean nationals from exercising rights through litigation against Japan or Japanese nationals,'" adding, "(If the Republic of Korea loses in international litigation after a plaintiff victory) it would cause fatal damage to the credibility of the Korean judiciary and the nation's prestige as a civilized country would fall to the bottom."

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