Legal circles "Prioritize speed over direction"
'Consistent low profile and devaluation of exoneration'
[Asia Economy Reporter Kim Hyung-min] Legal circles have voiced criticism over Foreign Minister Park Jin's meeting with Japanese Foreign Minister Hayashi Yoshimasa, in which they promised a swift resolution to the issue of compensation rulings for forced labor.
Im Jae-sung, a lawyer from Haemaru Law Firm who has legally represented victims of forced labor, evaluated the meeting on the 19th as "a result focused more on speed than direction." He described it as an unproductive meeting with no concrete outcomes regarding the crucial apology from Japanese companies or compensation methods. Another lawyer from Seocho-dong expressed concern, saying, "It appears the government intends to actively intervene in a compensation issue that should be resolved according to legal principles."
There is also an assessment that the South Korean government maintained an excessively submissive stance, effectively declaring a pardon for Japanese companies. Japan is uneasy about the forced sale (liquidation) of domestic assets of companies such as Nippon Steel and Mitsubishi Heavy Industries. Although South Korea's Supreme Court issued final rulings in October and November 2018 ordering these companies to compensate forced labor victims, they have refused to fulfill their compensation obligations, prompting South Korea to proceed with forced asset liquidation. The liquidation process is expected to be realized as early as this fall.
However, Minister Park promised, "We will strive to find a desirable resolution before the liquidation of Japanese companies' domestic assets occurs," seemingly alleviating Japan's concerns. They also shared opinions on normalizing issues triggered by Japan's export restrictions and South Korea's termination of the General Security of Military Information Agreement (GSOMIA), both stemming from disagreements over compensation responsibilities. The Ministry of Foreign Affairs also explained to Japan the discussions held by the public-private consultative body formed to find solutions for compensation for forced labor victims during the Japanese colonial period. While the ministry stated that "the explanation itself is significant," legal circles responded that it was "inappropriate."
Controversy is also expected within the public-private consultative body. Composed of victim representatives, experts from academia, legal and economic sectors, and former diplomats, the body officially launched on the 4th and has met twice, but victim representatives have not participated. The Mitsubishi Forced Labor Civil Society Group and their legal representatives have maintained the position that "an apology from Japanese companies must come first" and have stated they cannot participate. Many analyses suggest that the recent Korea-Japan foreign ministers' meeting concluded with outcomes contrary to their claims, making it highly likely they will continue to reject the consultative body.
Meanwhile, Japanese Chief Cabinet Secretary Matsuno Hirokazu said at a regular press conference held at the Prime Minister's Office that day, "If the issue of former Korean Peninsula workers (forced labor victims) leads to liquidation (forced sale of Japanese company assets), it will cause a serious situation in Japan-Korea relations, so it must be avoided."
He added, "We have repeatedly conveyed this point to the Korean side so far. Moving forward, we intend to closely monitor the response of the Yoon (Seok-yeol) administration and maintain close communication with Korea to restore Japan-Korea relations to a healthy state."
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