Supreme Court Confirms Victory for Forced Labor Victims' Families in Damages Suit Against Nippon Steel

Supreme Court Rules in Favor of Forced Labor Victims' Families
Orders Nippon Steel to Pay 100 Million Won

The Supreme Court has ruled in favor of the victims in a damages lawsuit holding a Japanese company responsible for forced mobilization during the Japanese occupation.

The First Division of the Supreme Court, presided over by Justice Ma Yongju, on December 11 upheld the lower court's ruling that partially sided with the plaintiffs in a damages claim filed by the four children of the late victim of forced labor, Jeong Hyeongpal, against Nippon Steel (formerly New Nippon Steel), ordering the defendant to pay a total of 100 million won to the plaintiffs.

This is the Supreme Court's first ruling among the additional lawsuits filed since the full bench decision in October 2018, which recognized the liability of Japanese companies for damages to victims of forced mobilization.

Jeong testified during his lifetime that he was forcibly mobilized and suffered damages at a steel mill in Iwate Prefecture, Japan, from 1940 to 1942. Based on this, his family filed a lawsuit in April 2019, claiming more than 200 million won. The main issue in forced labor damages lawsuits is the statute of limitations.

In this case as well, the Japanese company argued that the statute of limitations had already expired and that it bore no liability for compensation.

Under civil law, the right to claim damages generally expires three years from the date the victim becomes aware of the unlawful act, or ten years from the date the act was committed. However, if there were 'objective reasons that made it impossible to resolve the impediment,' the statute of limitations is considered to begin from the time the impediment is resolved.

In 2012, the Supreme Court recognized the right to claim damages for the first time in a lawsuit against Nippon Steel, overturning and remanding the lower court's decision. After a lengthy process, the full bench decision in 2018 finally confirmed the liability of Japanese companies for compensation. Following this, Jeong's family and other victims of forced mobilization filed what became known as the 'third round of lawsuits' against Japanese companies for damages.

In September 2021, the court of first instance ruled against the plaintiffs, stating that the family's right to claim damages had expired. However, the appellate court overturned this decision in August last year.

The first trial considered 2012 as the point when the impediment was resolved and dismissed the claim, but the appellate court recognized October 2018, when the Supreme Court's full bench decision was issued, as the relevant date. This means that until the full bench ruling, Japanese companies could not claim the statute of limitations had expired.

Previously, in the 'second round of lawsuits' filed by victims after the 2012 remand decision, the Supreme Court determined that "until the full bench ruling in 2018, there were objective impediments that effectively prevented victims from exercising their rights against Japanese companies," and in December 2023, it recognized the claims of forced mobilization victims. Subsequently, lower courts have continued to recognize the claims of these victims in their rulings.

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