Forced Labor Victims Win Appeal Against Japan's Nishimatsu Construction in Compensation Lawsuit...Reversing First Trial

Victims of forced labor under Japanese colonial rule won a partial victory in the appellate court, overturning the first trial in a damages lawsuit against the Japanese company Nishimatsu Construction.

Seoul Central District Court, Seocho-gu, Seoul. Photo by Jinhyung Kang aymsdream@

The Civil Division 16 of the Seoul High Court (Presiding Judges Kim In-gyeom, Lee Yang-hee, Kim Kyu-dong) ruled on the 5th in the second trial of a damages lawsuit filed by five forced labor victims, including Bae, against Japan's Nishimatsu Construction, partially in favor of the plaintiffs. The court ordered the defendant to pay 20 million won to Bae and approximately 13 million won each to the other four plaintiffs.

Previously, the first trial ruled against the plaintiffs, considering the point at which the impediment to claims was lifted as 2012, when the forced labor victims were first recognized by the court as having a right to claim compensation.

However, the appellate court regarded the lifting of the impediment and the point at which judicial relief became possible for the victims as the Supreme Court's plenary session ruling in October 2018. In December last year, the Supreme Court judged that until the 2018 plenary session ruling was announced, there was an impediment preventing victims from exercising claims against Japanese companies.

Since then, courts have consecutively issued rulings in line with this interpretation. In July and August, rulings recognizing the claims of forced labor victims were also made.

Kim Young-hwan, Director of External Cooperation at the Institute for Korean Historical Studies, stated, “The Supreme Court’s view that October 2018 should be considered the statute of limitations has become established precedent, and rulings are being made accordingly. They should not appeal to the Supreme Court and should compensate quickly.”

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