Regarding the first-instance ruling that dismissed the damages claims filed by forced labor victims against Japanese companies, on the morning of the 14th, members of the National Alliance for the Realization of Justice for Victims of Japanese Forced Labor held a press conference condemning the court in front of the Seoul Central District Court in Seocho-dong, Seoul. [Image source=Yonhap News]
[Asia Economy Reporter Kim Daehyun] In response to the dismissal ruling in the first trial of the damages claim lawsuit filed by forced labor victims during the Japanese colonial period against Japanese companies, a protest rally was held condemning the court and an appeal was submitted.
On the 14th, the National Alliance for the Realization of Justice for Victims of Forced Labor under Japanese Colonial Rule held a rally in front of the main gate of the Seoul Central District Court in Seocho-dong, Seoul, and submitted an appeal to the court. The protest rally proceeded with the singing of the national anthem, an appeal to the president, and the reading of a condemnation statement against the court.
The group shouted slogans such as "Impeach Judge Kim Yang-ho who abandoned even his conscience before the nation and the people" and "Japan and the war crime companies must apologize and compensate." They also appealed to President Moon Jae-in, urging him to "consider the forced labor issue during his term and open even a small breakthrough so as not to receive a shameful evaluation from future generations."
A bereaved family member said, "I despair at the sad reality where my father's suffering is distorted and denied," but added, "We will never stop. Please help so that the wrongdoing can be corrected." Among the 85 plaintiffs, 75 filed appeals on the day, and the remaining 10 plan to submit appeals separately.
Earlier, on the 7th, the 34th Civil Division of the Seoul Central District Court (Presiding Judge Kim Yang-ho) dismissed the damages claim lawsuit filed by 85 forced labor victims, including Mr. Song, against 16 Japanese companies such as Nippon Steel (formerly Shin Nippon Steel) and Nissan Chemical. A dismissal is a decision made without examining the merits when the lawsuit does not meet procedural requirements.
The court stated, "It cannot be said that individual claims were extinguished or waived by the Claims Agreement," but added, "However, such claims cannot be exercised through litigation." Furthermore, it explained, "The wording in Article 2 of the Claims Agreement regarding 'complete and final settlement' or 'no claims can be made' is reasonably interpreted not as the complete extinction of individual claims but as a restriction on Korean nationals exercising rights through lawsuits against Japan or Japanese nationals."
The victims and their families immediately expressed regret. Jang Deok-hwan, representative of the National Alliance for the Realization of Justice for Victims of Forced Labor under Japanese Colonial Rule, said, "I cannot contain my anger," and criticized, "I do not understand how the judiciary and the state can act like this when our ancestors suffered at the hands of the Japanese. In short, it is a state and government that does not protect its own citizens."
The victims' legal representative also stated, "This ruling contradicts previous Supreme Court decisions." In 2018, the Supreme Court accepted the damages claim filed by four forced labor victims, including the late Mr. Yeo Woon-taek, against Nippon Steel and ordered compensation of 100 million won per person.
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