Victims of forced labor during Japan's colonial rule and their families have won an appeal in their compensation lawsuit against a Japanese company.
The Seoul Central District Court's Civil Appeals Division 10-1, led by Judges Kim Hye-jin, Jeong Do-seong, and Jegal Chang, ruled on October 20 that it upheld the first-instance ruling, which partially favored the plaintiffs, including victim Heo Mo, and dismissed the defendant's appeal against Mitsubishi Materials Corporation (formerly Mitsubishi Mining). The court also ordered Mitsubishi to bear the costs of the appeal.
In the initial ruling in August 2024, the court ordered Mitsubishi to pay approximately 27 million won to Heo and around 18 million won each to the other four victims.
The first-instance court rejected Mitsubishi's argument that the victims' claims for damages had expired under the 1965 Korea-Japan Claims Agreement, stating that "the right to claim damages is not included in the claims agreement."
The appeals court reaffirmed the legal principles established by the Supreme Court's 2018 en banc ruling and the 2023 ruling by a smaller panel.
In October 2018, the Supreme Court ruled that the individual right to claim compensation for damages was not extinguished by the Korea-Japan Claims Agreement. In December 2023, the Supreme Court clarified that the legal deadline for victims to seek compensation should be calculated from the time of the 2018 ruling, considering the circumstances that prevented them from exercising their rights.
As a result, the legal argument presented by the Japanese company claiming no liability due to the expiration of the statute of limitations was not accepted in this appeal.
* This article has been translated by AI.
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