A South Korean appeals court has ordered the Japanese government to compensate a group of former “comfort women”— a euphemism used to describe those women who worked as sex slaves for Japanese troops during the Second World War.
On Thursday (Nov 23), the Seoul High Court overturned the lower court’s order in 2021 that had dismissed the case citing “sovereign immunity”—a concept under international law whereby the court of one country has no jurisdiction over another nation.
A total of 16 women filed a plea in 2016, seeking 200 million won (US$155,000) each in compensation.
The appellate court said that the case falls under South Korea’s jurisdiction since the victims live in the country and sought compensation over the acts that are deemed “unlawful” under its civil law.
“It is reasonable to consider that there is a common international law which does not recognise state immunity for an illegal act … regardless of whether the act was a sovereign act,” the court said, according to Reuters news agency.
Japan says ruling ‘unacceptable’
Reacting to the judgement, Japanese Foreign Minister Yoko Kamikawa said the order goes against international law and agreements between the two countries, calling it “extremely regrettable and absolutely unacceptable”.
“Japan once again strongly urges the Republic of Korea to immediately take appropriate measures to remedy the status of its breaches of international law,” she said.
Additionally, the Japanese government declined to be involved in the case, as well as similar lawsuits filed by other groups of South Korean women who claimed to have been forced to work in the military brothels.
The ruling exposes the fraught relations between Japan and Korea, which was once under Tokyo’s occupation during the 1910-1945 colonial period.
Order exposes Japan’s frosty ties with South Korea
Though both countries have made progressive steps to normalise the relations between them, Japan’s legacy still haunts the Korean people, who have been waiting for a formal apology.
Thursday’s ruling follows South Korea’s pledge to resolve a dispute over alleged forced labour at Japanese firms during Japan’s colonial rule of the Korean Peninsula.
Tokyo has repeatedly asserted that all the issues stemming from the colonial rule were settled under a 1965 treaty that normalised diplomatic relations, and the two neighbours agreed to “irreversibly” end the dispute, including the women issue, in a 2015 accord.
(With inputs from agencies)
