Court Rejects Objection to Refusal of 'Third-Party Payment' Deposit for Forced Labor Compensation from Japanese Colonial Era

The court dismissed the objection to the refusal of the government's third-party payment deposit for the forced labor judgment money from the Japanese colonial period.

Seoul Northern District Court

According to the legal community on the 29th, the Seoul Northern District Court dismissed the objection filed by the Foundation for the Support of Victims of Forced Mobilization under the Ministry of the Interior and Safety against the refusal decision of the deposit. Previously, the foundation filed an objection after the court refused the deposit application for the Japanese forced labor judgment money.

The court stated, "The judgment money in this case cannot be paid by a third party at the applicant's request due to the creditor's opposition," and added, "Even if the creditor refuses to accept the payment offered by the applicant, who is not a lawful payer, the applicant cannot make a third-party payment deposit against the creditor."

It also noted, "The perpetrating company denies the fact of the illegal act itself and does not acknowledge the obligation to compensate the victim," and "If the applicant does not exercise the right of recourse against the perpetrating company after paying the judgment money through third-party payment, it would result in granting immunity to the perpetrating company. For the creditor, it would be difficult to obtain satisfaction for the claim of mental damages."

Furthermore, the court added, "Claims for damages due to illegal acts are among the legal claims that require the greatest protection for creditors," and "If the creditor's opposition is clear, restricting third-party payment aligns with the purpose of the damage compensation system and the punitive and satisfactive functions of consolation money."

Previously, the Jeonju District Court, Gwangju District Court, and Suwon District Court also dismissed objections to the refusal of the government's third-party payment deposit for the forced labor judgment money from the Japanese colonial period.