Bereaved Family of Forced Labor Victim Loses Final Appeal in Lawsuit Over Japan-Korea Claims Funds

The bereaved family of a victim of forced mobilization during the Japanese colonial period has ultimately lost a lawsuit filed against the state, in which they demanded the return of funds received from Japan under the 1965 Korea-Japan Claims Settlement Agreement.

The Third Division of the Supreme Court (Justice Oh Seok-keun presiding) finalized the lower court's ruling in favor of the defendant by dismissing the appeal filed by the victim's bereaved family member, identified by the surname Kim, last month without a full hearing.

A dismissal without a hearing is a procedure in which the Supreme Court rejects an appeal without a full trial if it determines there are no legal errors in the second-instance ruling, excluding criminal cases.

In 1965, South Korea and Japan signed the Treaty on Basic Relations to normalize diplomatic ties and resolve post-war compensation issues. As part of this, they entered into a claims settlement agreement under which the Japanese government provided the South Korean government with 30 million dollars annually for 10 years, totaling 300 million dollars in compensation.

In November 2014, Kim filed a lawsuit demanding the return of compensation, arguing that the 300 million dollars included the share for victims of forced mobilization, and that the government committed an illegal act by failing to distribute it.

In September 2015, the first-instance court ruled against the plaintiff, citing a 2012 Supreme Court precedent that individual claims for damages regarding the Korea-Japan Claims Settlement Agreement had not been extinguished, and that the state's liability for damages was a matter to be resolved through legislation by the National Assembly.

Kim appealed the decision, but the second-instance court reached the same conclusion.

In February of this year, the second-instance court stated, "It is true that the plaintiffs are suffering great pain due to Japan's avoidance of responsibility, but the payment the plaintiffs are seeking is difficult to achieve through judicial proceedings."

The court further ordered, "This should be resolved through the National Assembly and other channels when national consensus and budget allocation are met," adding, "The defendant (the state) must face the pain and sacrifices of the forced mobilization victims and their bereaved families, and strive to build a national consensus to expand the scope of consolation money and support funds."

(Photo: Courtesy of Yonhap News TV, Yonhap News)
※ Please note: This article was translated by AI and may contain errors.