Bahk Eun-ji has been with The Korea Times since 2012, building a career across multiple desks. She began at the Business Desk, where she conducted in-depth interviews with key figures in Korea's corporate world. Later, she moved to the Politics & City Desk, focusing on education policy and social affairs. She later served as team leader of the digital content team, leading curation efforts on the newspaper’s homepage and reshaping print stories for social media audiences to enhance digital reach. Now back on the Politics Desk, she covers the National Assembly and the Ministry of National Defense, with a renewed focus on political developments.
Korean court dismisses sex slavery compensation case against Japan
Lee Yong-soo, a victim of Japan's wartime sex slavery, speaks in front of the Seoul Central District Court in Seoul, Wednesday, after the court dismissed a case filed by her and other victims seeking compensation for their suffering from the Japanese government. Yonhap
By Bahk Eun-ji
Court recognizes Japan's 'sovereign immunity'
By Bahk Eun-ji
A local court recognized Japan's “sovereign immunity” Wednesday and dismissed a claim for compensation filed by 20 former victims of sex slavery against the Japanese government.
The decision is seen as a defeat for all such victims as it could thwart their bids to hold Tokyo accountable for their suffering under its war crimes
It also contradicts an earlier ruling in January by a different judge at the same district court that held Japan accountable for the wartime atrocities and ordered it to make financial reparations of 100 million won ($89,490) to each of the 12 plaintiffs in the case.
It is yet to be seen how these contrasting decisions will affect Seoul-Tokyo ties, which have dropped to the lowest level over a series of historical issues, with the latest case being the January court ruling which Japan vehemently protested. Some predict the situation will make it more difficult for Seoul to set a consistent stance regarding the issue in future talks with Tokyo.
The Seoul Central District Court dismissed the compensation case filed by 20 plaintiffs, including former sexual slavery victims and some deceased victims' family members. The dismissal means the lawsuit was not seen as legitimate and so no judgment on the matter could be made.
The key issue in the case was whether to apply sovereign immunity, which allows a state immunity in civil suits filed against it in foreign courts. Earlier the judge in the January ruling did not apply the concept, saying immunity should not apply to systematic crimes against humanity.
This time, however, the court accepted it.
Citing cases of World War II victims from multiple European countries whose suits filed against the German government after the war were rejected due to sovereign immunity, the court said, “If exceptions to sovereign immunity are acknowledged, then diplomatic clashes are inevitable in the process of making a ruling and forcibly executing an order.”
The court added, “Current customary international law recognizes international immunity for sovereign acts performed within its territory. We also confirmed this in a 1997 Supreme Court ruling.”
The victims argued that the 2015 agreement made with Japan during the Park Geun-hye administration did not reflect their opinions. But the court said although there were problems in the procedure, this didn't mean the state abused its discretionary power.
The court said it neither denies the victims' right to claim compensation, nor believes the matter has been settled, adding the sex slavery issue, including how to pay damages to the victims, should be resolved through domestic and international efforts including negotiations with Japan.
After the decision, the Korean Council for Justice and Remembrance for the Issues of Military Sexual Slavery by Japan, a civic group supporting the former victims, said it was “unacceptable.”
“This ruling doesn't mean the January decision is annulled,” the group said, adding it would discuss with the victims on whether to appeal.
Lee Yong-soo, one of the plaintiffs, expressed dismay over the decision, calling on the government to take the issue to the International Court of Justice.
Earlier in the January ruling, the court ordered Japan to provide 100 million to each of 12 victims ― the first legal victory for Korean victims of Japan's wartime sex slavery.
Tokyo maintains it has no obligation to follow the ruling as the Korean court had no jurisdiction over Japan. It did not appeal, and the ruling was confirmed.