Second Trial of Comfort Women Second Lawsuit Begins: "First Trial Recognizing Japan's State Immunity Overlooked the Significance of International Human Rights Law"

[Asia Economy Reporter Kim Hyung-min] The second damages lawsuit, which dismissed the claims of Japanese military comfort women victims by recognizing the Japanese government's assertion of 'state immunity,' has begun the appeal trial. The victims' side requested the court to reconsider in the first trial, stating that "the first instance overlooked the significance of international human rights law."

The Civil Division 33 of the Seoul High Court (Presiding Judges Gu Hoe-geun, Park Seong-yoon, Kim Yu-gyeong) held the first hearing on the 24th for a damages lawsuit filed by a total of 17 victims and bereaved families, including Grandmother Lee Yong-soo and the late Grandmothers Kwak Ye-nam and Kim Bok-dong, against the Japanese government.

The representatives of the victims and bereaved families stated the reason for the appeal, saying, "Compensating victims for serious human rights violations is a requirement of today's international human rights law," and "the first instance overlooked the existence and significance of international human rights law accumulated by humanity over a long time."

They added, "The court should examine whether an exception to state immunity applies, but the original trial did not conduct any such examination," and announced their intention to call related experts as witnesses.

The representatives also argued that, according to the Supreme Court and Constitutional Court rulings, the victims' individual right to claim damages against the Japanese government should be recognized, and since Japan's forced mobilization of comfort women constitutes a serious human rights violation, state immunity cannot be applied.

The court stated, "There were conflicting rulings even in the first instance, and since this concerns international customary law, the court itself cannot be considered an expert," and decided to summon international law experts and others as witnesses to hear their opinions in court.

The Japanese government did not attend the trial. In the first instance as well, the Japanese government consistently remained unresponsive to the lawsuit, arguing that state immunity applies and that it cannot be tried in Korean courts.

This case is the second lawsuit filed by comfort women victims. The complaint was filed in December 2016, and after public service of process amid Japan's non-response, the first instance ruling was delivered in April last year. The court recognized 'state immunity' (sovereign immunity), which prevents a sovereign state from being brought before another country's court, and dismissed the plaintiffs' claims, drawing criticism from the legal community.

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