Another Victory for Forced Mobilization Victims in Damages Lawsuit Against Nippon Steel

The Supreme Court has once again ruled in favor of the bereaved family of a victim of Japanese forced mobilization in a damages lawsuit filed against Nippon Steel (formerly Shin Nippon Steel).

On August 12, Division 2 of the Supreme Court (presided over by Justice Oh Kyung-mi) finalized the lower court ruling that ordered Nippon Steel to pay a total of 80 million won in compensation for emotional distress in a lawsuit filed by the children of the late Min Moon-sik.

Min was forcibly taken to Nippon Steel's Kamaishi Steelworks in February 1942 and forced to work there for about five months.

Min's children filed the lawsuit against Nippon Steel in April 2019 on behalf of their father, who passed away in 1989, with the statute of limitations serving as a key legal issue.

Under general civil law, a claim for damages expires three years after the date the injured party becomes aware of the unlawful act, or 10 years after the act was committed.

However, if there are "objective grounds making it impossible to overcome the obstacle to exercising rights," the point at which such obstacles are resolved is considered the baseline for the statute of limitations.

In 2012, the Supreme Court first recognized the right to claim damages in a lawsuit against Nippon Steel, remanding the case to the lower court.

Subsequently, a full bench ruling in 2018 finalized the judgment that Japanese companies bear liability for compensation.

The first-instance court ruled against the plaintiffs, judging that the period for the family to claim damages had expired, but the appellate court overturned the decision.

The appellate court recognized October 2018—when the Supreme Court full bench ruling was delivered—as the point when the "obstacle was resolved," which serves as the starting point for the statute of limitations.

In a previous decision following the 2012 remand, the Supreme Court ruled in December 2023 that victims of forced mobilization held valid claims, determining that "objective obstacles existed that practically prevented victims from exercising their rights against Japanese corporations until the full bench ruling was delivered in October 2018."

Following this, lower courts continuously delivered rulings recognizing the claims of forced mobilization victims. Although Nippon Steel appealed, the Supreme Court deemed these lower court rulings correct and dismissed the appeal.

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