Court: "Concern Over Undermining the Purpose and Function of the Compensation System"
The court has put a brake on the government's third-party repayment of the judgment money related to forced labor during the Japanese occupation. The government filed an objection against the court clerk's decision to reject the deposit, but this was also dismissed. The court judged that third-party repayment could not be made because the forced labor party expressed refusal.
On July 11, at the press conference held at the Ilje Gangje Dongwon Victims Support Foundation in Jongno-gu, Seoul, regarding the victim's stance on the third-party repayment deposit, Jeong Jong-geon, the eldest son of the late forced labor victim Jeong Chang-hee, is speaking. [Photo by Yonhap News]
On the 15th, Judge Kang Dong-geuk of Civil Division 12 at Jeonju District Court announced that he dismissed the objection against the decision to reject the deposit made by the Foundation for Victims of Forced Mobilization under the Ministry of the Interior and Safety (hereinafter the Foundation). The applicant in this case is the Foundation, the debtor is the Japanese defendant company, and the creditors are two children of the late Park Hae-ok grandmother.
The court explained that it dismissed the objection based on Article 496 of the Civil Act. According to Article 496 of the Civil Act, if a party expresses refusal regarding debt repayment, a third party cannot make the repayment. The court stated, "The damages that the debtor must compensate in this case are consolation money for mental suffering," and added, "This is a matter where it is significantly necessary to impose sanctions on the debtor while protecting the creditor."
Furthermore, the court emphasized, "The Foundation has no interest in this case, so if a conflict arises between the Foundation and the family of grandmother Park, the victim's intentions should take precedence," and "Allowing third-party repayment without interest in the matter despite explicit opposition from the creditor risks undermining the purpose and function of the damage compensation system."
It continued, "The family of grandmother Park is actively expressing opposition to third-party repayment through the deposit document," and explained, "It appears that they do not want the legal status or authority to directly pursue compensation responsibility from the debtor to be transferred to a third party."
Currently, the government is undergoing objection procedures not only at Jeonju District Court but also at Gwangju District Court and Suwon District Court. Previously, the Jeonju District Court clerk decided to reject the deposit application filed by the Foundation against the two family members of grandmother Park, stating, "We heard the clear opposition of the deposit recipient, the bereaved family."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
