On January 8, the Seoul Central District Court docket ordered the Japanese authorities to pay 1 billion Korean gained ($91,800) every to 12 Korean “consolation ladies” who had been sexually abused by the Japanese navy throughout World Conflict II. The lawsuit had been filed by 12 survivors in opposition to the Japanese authorities in 2016; six of them handed away because the trial progressed and had been represented by their bereaved relations. The ruling was confirmed when the Japanese authorities rejected its probability to enchantment on January 23.
Japanese Prime Minister Suga Yoshihide stated on the day of the ruling that “South Korea ought to take steps to appropriate violations of worldwide legislation and that the ruling won’t ever be accepted.” Japanese authorities officers didn’t take part within the trial, insisting that the ruling has no impact because of the precept of sovereign immunity.
In a response to the backlash from Japan, South Korea’s Overseas Ministry stated in an announcement launched January 23 that Seoul is not going to search further compensation from Tokyo. Additionally, it stated that the federal government will attempt its greatest to achieve an amicable settlement by speaking with the consolation ladies.
Below the earlier administrations in each international locations, Japan and South Korea had reached what was alleged to be a “ultimate and irrevocable decision” to the consolation ladies concern. Nonetheless, the proposed answer was rejected by most of the survivors themselves. In its assertion, the South Korean Overseas Ministry stated the federal government acknowledges that the 2015 settlement was formally reached between the 2 international locations, however added that the settlement can’t remedy the difficulty with out reflecting the consolation ladies’s opinions. Additionally, the ministry stated it doesn’t have the appropriate or authority to forestall the victims from elevating their voices on this concern, rejecting Tokyo’s constant request that Seoul handle the difficulty so as to forestall additional diplomatic disputes.
Earlier, in October 2018, South Korea’s Supreme Court docket dominated that two Japanese firms should compensate Koreans for wartime pressured labor. Tokyo took retaliatory measures towards Seoul within the type of export laws in July 2019. Consultants say the vicious cycle is more likely to repeat itself, notably because the Suga administration’s approval score is sort of low. Searching for to foment nationalism by means of a spat with Seoul might be a software to brief up public assist for Suga.
The Japanese authorities argues that it doesn’t must adjust to the Korean court docket’s ruling due to the precept of sovereign immunity underneath worldwide legislation is sensible. However in 2006, Japan’s Supreme Court docket dominated {that a} overseas authorities shouldn’t be exempt from civil jurisdiction until there’s a worry of sovereignty infringement. The ruling got here in a case the place a Japanese company sued the Pakistani authorities for lack of cost on a contract. The Japanese company gained that lawsuit between a personal actor and a nationwide authorities.
If Tokyo doesn’t adjust to the South Korean court docket’s ruling, Seoul can implement the judgment by confiscating property of the Japanese authorities in South Korea. Nonetheless, the victims must file one other lawsuit in court docket – and as a lot of the consolation ladies are over 80 years previous, time is of the essence.
Japan additionally argues that the difficulty of compensation for previous abuses – whether or not the consolation ladies or pressured laborers – has already been resolved by means of previous agreements made with South Korea.
Citing the 1965 settlement signed between the 2 international locations, the Japanese authorities has argued that the query of compensation for consolation ladies has been closed. Nonetheless, the settlement doesn’t explicitly state that no claims could be made by people relating to abuses suffered throughout Japan’s colonial rule over Korea. South Korea’s authorities holds that the 1965 settlement ended the query of compensation between the 2 governments, however doesn’t preclude circumstances being introduced by particular person residents.
Extra lately, Japan has pointed to the 2015 settlement to keep away from taking additional motion on the consolation ladies concern. Tokyo agreed to pay about 10.7 billion gained ($90.5 million) to function a basis established by Seoul for the consolation ladies. In essence, Tokyo meant to purchase the silence of the consolation ladies. Simply after reaching the settlement, Japanese authorities officers, particularly former Prime Minister Abe Shinzo, began to govern the info of the difficulty to the worldwide group. In response, the consolation ladies started to talk out greater than ever to the worldwide group.
Notably, the settlement was signed between the 2 governments, and the South Korean authorities on the time did talk with the victims throughout negotiations. Thus the consolation ladies introduced they may not settle for the deal because it fully excluded their opinions and calls for. That ultimately led the South Korean President Moon Jae-in to resolve to not abide by the settlement after he was elected president in 2017, though he didn’t withdraw from the settlement formally.
In accordance with native information reviews after the 2015 settlement was reached, a few of the consolation ladies had agreed to obtain the compensation. Nonetheless, there was no honest apology from Tokyo, which had been a constant demand by the victims for over 20 years. A majority of consolation ladies made clear that cash shouldn’t be what they need from the Japanese authorities.
“The issue is that Japan has all the time handled the problems associated to its historical past like propaganda, which is irresponsible conduct as a rustic to speak with different international locations,” Hosaka Yuji, a professor at Sejong College in Seoul, instructed The Diplomat. “The Japanese authorities has stated that the Korean consolation ladies weren’t sexual slaves and weren’t pressured [into sexual slavery] by the Japanese navy throughout World Conflict II. [Japan’s stance is that] they had been voluntary prostitutes.”
Kim Bok-dong, one of many consolation ladies, as soon as emphasised that educating correct historical past relating to this concern to Japanese college students is extraordinarily essential to make sure that these historic disputes don’t carry over to the following technology. Nonetheless, Tokyo makes certain that solely its narrative is included in licensed textbooks.
“After the 1993 Kono assertion, consolation ladies points had been said intimately in Japanese historical past textbooks for few years, however because the right-wing authorities has taken energy, just a few textbooks comprise content material on this concern in Japan,” Hosaka stated, added it’s technically not possible for Japanese college students to study this concern precisely at their colleges.
For these causes, Koreans maintain asking Japan to be held accountable for what its ancestors and predecessors did.
This long-time battle started on August 14, 1991, when Kim Hak-soon revealed that she had been pressured into sexual slavery by the Japanese navy throughout World Conflict II. The difficulty had not been raised for many years after World Conflict II, however Kim’s braveness introduced consideration from the worldwide group and inspired different survivors to step ahead. The South Korean authorities has registered 239 consolation ladies and a dozen consolation ladies who’re over 80 years previous reside in South Korea.
After Kim’s testimony, a so-called “Wednesday Demonstration” started in entrance of the Japanese Embassy in Seoul in January 1992, when the Japanese prime minister visited South Korea to carry a Korea-Japan summit. That developed into a daily Wednesday demonstration with assist from Koreans.
On the time of the primary rally, 234 consolation ladies participated within the protest. The demonstration is at the moment quickly suspended as a result of COVID-19 pandemic. Just a few surviving consolation ladies participated within the demonstrations final yr.
Many Koreans need the Japanese emperor to be the one to apologize straight and firmly to the consolation ladies, as they consider his grandfather is likely one of the culprits of World Conflict II. Nonetheless, the Japanese authorities has repeatedly stated it can by no means occur.
It isn’t a shocking remark, contemplating the way in which Japan has handled the difficulty. However Koreans proceed to insist that Japan be held liable for the atrocious sexual assault on Korean ladies.
