Another Defeat in Lawsuit for Forced Labor during Japanese Occupation... "Statute of Limitations Expired"

[Asia Economy Reporter Kim Daehyun] The bereaved families of victims of forced labor under Japanese colonial rule have lost another lawsuit against a Japanese company.

On the afternoon of the 14th, the 48th Civil Division of the Seoul Central District Court (Presiding Judge Lee Giseon) ruled against the plaintiffs in the first trial of a damages claim lawsuit filed in June 2019 by five bereaved family members of forced labor victim Kim against Nishimatsu Construction (Nishimatsu).

On the 30th of last month, members of organizations such as the Korea-Japan History Justice and Peace Action and Gyeorehana held a press conference in front of the Ministry of Foreign Affairs in Seoul, criticizing the government's compensation solution for forced mobilization victims and urging the suspension of negotiations. [Image source=Yonhap News]

The court stated, "We regarded the initial point of remand by the Supreme Court as the starting point for the statute of limitations," adding, "Since the statute of limitations period for this case has already passed, we cannot accept the plaintiff's claim." However, the court based its judgment not on the Supreme Court's final ruling confirming the compensation judgment against Japanese companies for forced labor victims (October 30, 2018), but on the initial remand date ordering compensation (May 24, 2012).

Under civil law, the right to claim damages expires 10 years from the date the perpetrator committed the unlawful act or 3 years from the date the victim became aware of the damage and the perpetrator.

Kim was mobilized to work at a Nishimatsu construction site located in Buryong County, Hamgyeongbuk Province in 1942 and is reported to have died at the construction site on May 29, 1944. The Forced Mobilization Victims Truth Commission under the Prime Minister recognized Kim as a forced labor victim in 2006. The bereaved family filed a damages claim lawsuit against Nishimatsu for approximately 70 million won.