A South Korean court on Wednesday, November 13, began hearing a civil case brought against the Japanese government by a South Korean woman who had been victimized and forced to work in Japanese a wartime military brothel.
“I am a living proof of history,” said Lee Yong-soo, the 91-year-old survivor, her voice quaking with emotion as she addressed a news conference held near the courthouse, before proceedings began.
The Japanese government did not send any representative to the court in Seoul, as it is not obliged to under South Korea’s civil law.
“Japan isn’t being honourable. They should show up at court if they are,” Lee said, urging Japan to apologise and compensate its victims or make its case in court.
Reminders of Japan’s 1910-45 colonisation of the Korean peninsula are inflammatory for both sides. But, the issue of “comfort women” – Japan’s euphemism for Asian women, many of whom were Korean, forced to work in its wartime brothels, is especially contentious.
When the suit was filed with the Seoul Central District Court in December 2016, there were 11 surviving “comfort women” and the families of six deceased victims in the group of plaintiffs. Nearly three years later, only five are still alive.
They are seeking compensation from the Japanese government worth 200 million won (USD172,000) per victim.
The case marks another legal battle over the legacy of Japan’s 1910-45 colonisation, and ties between the two governments are in their worst state in decades as a result of ruling by South Korea’s Supreme Court last year, when it ordered Japanese firms to compensate some wartime forced labourers.
Tokyo had refused to hear the women’s case against its government, maintaining that the matter of compensation for the women was settled under the 1965 treaty that normalised relations.
Instead, Japan’s foreign ministry has sent back related documents three times from 2017-18, primarily citing an international convention that allows a state to reject legal records which may breach its sovereignty or security if accepted.
“This is the first-ever trial for the surviving victims, and could be the last one given their ages,” Lee Sang-hee, a lawyer for the women, told the trial.
“These survivors were victims of systematic sexual violence … but the two countries reached an unacceptable settlement without asking the victims’ opinions.”
Japan’s foreign ministry did not respond to a request for comment, but Chief Cabinet Secretary YoshihideSuga reiterated the issue was “completely and finally” resolved, referring to the 1965 treaty and a 2015 deal.
“In terms of international law, the Japanese government is not subject to South Korean jurisdiction because of the principle of sovereign immunity,” Suga told a regular briefing on Wednesday before the trial.
In 2015, South Korea and Japan reached a settlement under which Tokyo issued an official apology and provided 1 billion yen (USD17 million) to a fund to help the victims.
But many victims rejected the agreement, and South Korean President Moon Jae-in, who took office in 2017, dissolved the fund, effectively scrapping the deal. (Source: CNA)