By Kim Rahn
It is against the constitution for the government not to take action to resolve the dispute concerning the former comfort women’s rights to seek compensation from the Japanese government, the Constitutional Court said Tuesday.
The court ruled that the Korean government’s “nonperformance” in the argument was unconstitutional, with six justices deciding so.
A total of 109 people, including sex slaves during the Japanese colonial rule (1910-1945), filed the petition with the court against the Ministry of Foreign Affairs and Trade to claim that their property rights and other basic rights were infringed on because the government had not taken action on the
issue.
“Regarding the dispute whether or not the victims’ rights to demand compensation lapsed following the Korea-Japan treaty agreed in 1965, the government is not making any efforts to solve it through discussion with the Japanese government,” the court said.
“It is against the Constitution as the government is not performing its duty to help its people, whose dignity was severely damaged, obtain their rights,” it said in the ruling.
In 1965, Korea and Japan contracted the agreement on property claims and economic cooperation, through which Korea received $300 million from Japan in compensation for colonial rule.
Japan has snubbed calls for compensation demanded by individuals who were forced to provide labor or sex, saying the treaty closed such claims.
The remaining three justices, however, said the government is not responsible for solving disputes surrounding the interpretation of the treaty.