Appellate court orders Japanese government to compensate wartime sexual slavery victims in Korea

Lee Yong-soo, a survivor of Japanese wartime sexual slavery, leaves Seoul High Court in southern Seoul in joy after the court on Thursday ordered the Japanese government to compensate the victims. [NEWS1]

An appellate court on Thursday ordered the Japanese government to pay 200 million won ($154,000) each to 16 victims of wartime sexual slavery in Korea, overturning a lower court’s ruling.

The Seoul High Court overturned the lower court’s ruling that had dismissed the lawsuit filed by 16 plaintiffs, comprised of “comfort women” victims, including Lee Yong-soo, and their surviving families against Tokyo.

“Per international customary laws, it is valid to recognize Korea's jurisdiction over Japan,” the court said, adding that it acknowledges illegal acts were done on the Korean Peninsula during the Japanese wartime and acceptable compensation should be paid.

The court said that they accepted the compensation total requested by the plaintiffs.

“The victims were forced into sexual slavery every day, having their least freedom denied, causing endless physical harm and risk of pregnancies and deaths,” it said.

The court added that the abuse the victims suffered hindered their ability to adapt to society even after the war ended.

Lee Yong-soo, a survivor of Japanese wartime sexual slavery and one of the plaintiffs who filed the lawsuit, left the court on Thursday shedding joyful tears. She shouted “Hurrah” and repeatedly expressed thanks for the ruling as she left the court in a wheelchair.

In December 2016, a group of comfort women victims and their surviving families filed a complaint against the Japanese government, asking it to pay 200 million won ($154,000) in compensation to each victim. However, the Seoul Central District Court in April 2021 dismissed the lawsuit, citing Japan’s right to sovereign immunity from overseas lawsuits.

This ruling sparked controversy as it contradicted an earlier decision in a separate lawsuit filed by 12 comfort women victims, in which the court had ordered the Japanese government to pay 100 million won to each victim in January 2021.

The January 2021 verdict marked the first time a court ordered Japan to compensate the victims. The court then said, “The principle of sovereign immunity cannot be applied to the illegal acts done by Japan.”

Japan protested the ruling, saying the issue was settled under a 1965 treaty and a 2015 deal.

The ruling was confirmed, as the Japanese government took no legal action against the verdict. However, the ruling has yet to be executed as Tokyo refuses to respond to any legal processes related to the decision.

Tokyo maintains that all compensation matters were settled under a 1965 treaty that normalized bilateral ties.

Seoul and Tokyo attempted to resolve the wartime slavery issue in a “final and irreversible” deal signed on Dec. 26, 2015, which included an apology by the Japanese government and a 1-billion-yen ($6.7 million) fund for the victims.

Some civic organizations and survivors, including Lee, felt blindsided by the deal and demanded the Japanese government take more explicit legal responsibility.

BY CHO JUNG-WOO [cho.jungwoo1@joongang.co.kr]