Appeal Confirmed Due to Non-Submission of Japan's Appeal Petition
The ruling in which former comfort women victims filed a second damages claim lawsuit against the Japanese government and won was finalized on the 9th.
According to the legal community, the Japanese government did not file an appeal by the deadline at midnight on that day, so the appellate court's ruling was confirmed as is.
On the afternoon of the 23rd of last month, at the Seoul High Court in Seocho-gu, Seoul, during the second trial sentencing date of the lawsuit filed by former Japanese military 'comfort women' victims and their families against the Japanese government for damages, Grandmother Lee Yong-soo is seen rejoicing after the court overturned the first trial's dismissal ruling. [Photo by Yonhap News]
Earlier, Japan stated it would "not respond" to the Seoul High Court ruling that the Japanese government must pay damages to the former comfort women victims.
On the 8th, the day before the appellate court ruling, Japanese Foreign Minister Kamikawa Yoko said at a press conference regarding the appeal, "Based on the principle of sovereign immunity under international law, the Japanese government does not submit to South Korea's jurisdiction," and added, "We have no intention (plan) to appeal."
She also said, "The ruling clearly violates international law and the Korea-Japan agreement, which is extremely regrettable and absolutely unacceptable. We have already conveyed this to the Korean side," and "We demand that the Korean side take appropriate measures."
On the 23rd of last month, during the appeal hearing of the damages claim lawsuit filed by sixteen plaintiffs including the late grandmother Kwak Ye-nam against the Japanese government, held by the Civil Division 33 of the Seoul High Court (Presiding Judge Gu Hoe-geun), the court recognized all the plaintiffs' claimed amounts.
The first trial was in April 2021. At that time, the Seoul Central District Court dismissed the lawsuit on the grounds that the principle of state immunity (sovereign immunity) applied.
The Japanese government has consistently remained unresponsive to comfort women-related lawsuits conducted domestically, based on the international customary law principle of "state immunity," which holds that sovereign states do not appear in other countries' courts.
Although the ruling has been finalized, it is uncertain whether the victims will be able to receive damages from the Japanese government. If the Japanese government does not voluntarily pay the damages, the victims must locate Japanese government assets that can be seized and apply to the court for compulsory disposition.
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