Lee Yong-soo, one of the nine registered surviving South Korean victims of sexual slavery by Japan during World War II, raises her hands in happiness after the appeals court in Seoul ordered Japan to compensate the plaintiffs on Nov. 23, 2023. (Yonhap)
SEOUL, Nov. 23 (Korea Bizwire) – The Seoul High Court on Thursday overturned a lower court’s rejection of a damages suit filed by victims of Japan’s wartime sexual slavery and ordered Japan to pay 200 million won (US$153,863) in compensation to each of the 16 victims.
The victims, often euphemistically called “comfort women,” filed the suit in 2016, demanding 200 million won each in compensation. But the Seoul Central District Court dismissed the case in 2021, citing sovereign immunity, a legal doctrine that allows a state to be immune from a civil suit in foreign courts.
On Thursday, the appellate court canceled the lower court’s decision.
“Under customary international law, it is reasonable to recognize the jurisdiction of South Korean courts over the defendant Japanese government,” the high court said. “It is recognized that the defendant engaged in illegal acts in the course of mobilizing comfort women and appropriate compensation should be paid.”
The court also said the acts committed by the defendant are considered “illegal according to South Korean civil law,” adding it is reasonable to say the compensation per victim should exceed the amount demanded by the plaintiffs.
“The victims in this case were forced to have unwanted sexual intercourse with dozens of Japanese soldiers every day, with even their minimal freedom oppressed,” the court said. “As a result, they sustained countless injuries and had to bear the risk of pregnancy or death, and could not adjust to social life under normal standards after the end of the war.”
Lee Yong-soo, a 95-year-old victim of Japanese sexual slavery, threw her arms in the air and welcomed the decision upon exiting from the court on Thursday.
“I’m thankful. Thankful. Very thankful.” she said, adding, “I thank the victims (of Japanese wartime sexual slavery) who passed away.”
Meanwhile, a separate court ruling in January ordered Japan to compensate 100 million won each to the first group of 12 victims, in the first legal victory for South Korean victims of wartime sexual enslavement.
At that time, the court rejected Japan’s claim that the case should be dropped based on sovereign immunity, saying that the rule should not apply to “systematic crimes against humanity” and war crimes.
Tokyo has maintained that it had no obligation to follow the ruling by a South Korean court, and the ruling was finalized without appeal by the Japanese counterpart.
(Yonhap)
