“Pay each victim 200 million won as compensation,” Court sides with comfort women victims in appellate trial against Japanese government

Elderly Lee Yong-soo, “A victory after seven years”: Lee Yong-soo, an elderly victim of sexual slavery in the Japanese military, raises her hands as she leaves the court after the appellate court announced its decision on the claim for damages that comfort women victims and their families filed against the Japanese government in the Seoul High Court in Seocho-gu, Seoul on November 23. Mun Jae-won

The victims of sexual slavery in the Japanese military won in an appeals trial for reparation against the Japanese government. The bench overturned the ruling in the first trial which sided with the defendant and ordered the Japanese government to compensate the full amount requested by the plaintiffs. This was the first time that an appellate court accepted a claim for damages by comfort women victims. The Japanese government summoned the South Korean ambassador to Japan and expressed their opposition to the South Korean government.

On November 23, Civil Court 33 (presiding judge Gu Hoi-geun) in the Seoul High Court announced, “We accept the full amount of compensation requested by the plaintiffs,” in a claim for damages that sixteen comfort women victims and their families including the elderly Lee Yong-soo filed against the Japanese government. Twenty-one comfort women victims and their families including Lee first filed the litigation against Japan in December 2016 demanding Japan pay 200 million won as compensation to each victim.

“Unlike the decision in the first trial, under customary international law, it is reasonable to recognize the jurisdiction of the South Korean court over the defendant, the Japanese government,” the bench announced, adding, “It is recognized that the defendant engaged in illegal acts in the process of recruiting comfort women for the Japanese military on the Korean Peninsula at the time and appropriate compensation should be paid.” In the first trial, the court dismissed the claim citing sovereign immunity, which grants states immunity from civil suits in foreign countries, but the High Court did not acknowledge sovereign immunity for the illegal acts that the Japanese military conducted in Korea at the time.

The initial trial decision stirred controversy because of mixed views on whether the comfort women victims could file a claim for damages against the Japanese government. In a claim for damages filed by twelve comfort women victims including the late Bae Chun-hee in January 2021, Civil Court 34 (presiding judge Kim Jeong-gon) of the Seoul Central District Court ruled that Japan should pay each of the victims 100 million won in compensation. The Japanese government did not appeal, and the ruling was finalized. But three months later, Civil Agreement Division 15 (presiding judge Min Seong-cheol) of the Seoul Central District Court dismissed a claim for damages filed by twenty people including Lee Yong-soo. The mixed lower court decisions on the same issue drew more attention to the ruling in the appellate court.

Meanwhile, according to NHK and Kyodo News, Vice Minister of Foreign Affairs Masataka Okano summoned Ambassador Yun Duk-min after receiving news of the court decision and protested saying, “The ruling is extremely regrettable.” Vice Minister Okano said, “The Japanese government cannot accept the ruling,” and asked the South Korean government to take appropriate measures to correct the violation of international law.