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Japanese Government Recognized for State Immunity in Comfort Women Lawsuit First Trial, Remains Silent in Second Trial

Japanese Government Recognized for State Immunity in Comfort Women Lawsuit First Trial, Remains Silent in Second Trial

[Asia Economy Reporter Kim Hyung-min] The Japanese government remained unresponsive in the second trial of the damages lawsuit filed by former Japanese military comfort women victims, just as it did in the first trial. This lawsuit is a case in which the first trial recognized the international law principle of 'state immunity (sovereign immunity)' claimed by the Japanese government. Legal circles believe that the Japanese government is likely to continue not responding to the lawsuit based on this.


The Civil Division 33 of the Seoul High Court (Presiding Judges Gu Hoe-geun, Park Seong-yoon, Lee Ui-young) attempted to hold the first hearing on the 25th for the 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, but postponed the date.


The court stated, "The defendant side has not submitted any response," and added, "We will postpone the trial date for now and proceed with the hearing on January 27 next year."


In the first trial, the Japanese government also maintained a stance of non-response to the victims' lawsuit, arguing that state immunity applies and that it cannot be tried in a Korean court. Because of this, the lawsuit filed in December 2016 was stalled for several years until the first trial verdict was delivered last April.


State immunity is a principle that a sovereign state is exempt from the jurisdiction of another country's courts. Whether state immunity will be recognized for the Japanese government is the biggest issue in this case.


The first trial court dismissed the victims' lawsuit, recognizing state immunity for Japan.


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