Tension Mounts in Seocho-dong... Legal Circles Also on Edge Over Moon's Japan Visit Decision
[Asia Economy Reporter Kim Hyung-min] Ryota Tajiri, a reporter from Kyodo News Seoul Bureau, frequently visited Seocho-dong last month when our courts dismissed the compensation claims of 85 forced labor victims against Japanese companies. He met with Korean lawyers handling the Japanese lawsuits to inquire about the significance of the rulings and to gather public opinion. Besides Tajiri, many other Japanese reporters also travel to Seocho-dong. A legal insider said, "Japanese reporters do not show it openly, but they are very interested in our courts' stance toward the Japanese government," adding, "The number of Japanese reporters visiting judicial institutions has definitely increased compared to before."
With the Tokyo Olympics opening and news of President Moon Jae-in’s visit to Japan and the possibility of a Korea-Japan summit, Seocho-dong is tense again. Not only the Japanese media but also former Japanese military comfort women, forced labor victims, and the lawyers assisting them are closely watching whether the summit will take place and its outcomes. If the Korea-Japan leaders meet and reach any conclusions, it could influence the judgments of courts currently handling dozens of Japan-related lawsuits. There is also interest in whether the two countries might reach new conclusions regarding the comfort women agreement and the claims settlement agreement, which are central issues in the courts.
So far, courts at various levels have issued differing judgments on whether the 2015 Korea-Japan government’s December 28 comfort women agreement and the 1965 Korea-Japan Claims Settlement Agreement can be considered as having settled the issues of the Japanese military comfort women and forced labor compensation, respectively. Because of this, some voices suggest that the government should take the lead in finding answers with Japan on these matters. Conversely, if the opposite occurs, concerns are growing that it will become even more difficult to receive compensation from the Japanese government and companies in the future.
It is also a negative factor that Japan’s counterattack has begun in the courts. Last month, Mitsubishi Heavy Industries submitted the ruling in which our courts dismissed the forced labor victims’ claims as a reference document to the court in a compensation lawsuit filed by forced labor victims. In that ruling, the court judged that individual victims’ claims for compensation were included in the Korea-Japan Claims Settlement Agreement and thus could not be filed. Mitsubishi Heavy Industries requested the court to consider this. It is known that other Japanese companies and the government also intend to submit this ruling as a reference in various lawsuits. Since this is a ruling issued by our courts, legal insiders believe it will be difficult for judges to completely disregard it.
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