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Japan's top court nixes sex slave, Korean veteran’s suit
November 30, 2004
The Supreme Court on Monday dismissed a damages suit against the government by
Korean wartime sex slaves and former Korean soldiers forced to serve the
Imperial Japanese Army during the war.
The ruling was handed down in only two minutes, and plaintiffs shouted their
dissatisfaction with the decision. Some even climbed over the barrier of the
gallery seats and headed toward the justices' seats before being stopped by
guards.
The ruling puts an end to a 13-year legal battle by the 35 plaintiffs,
including relatives of victims who have died, who were seeking 20 million yen
each in compensation from the government for their suffering.
The redress lawsuit, filed in 1991, was the first of its kind by former sex
slaves, who were forced to serve at frontline brothels for Japanese military
personnel. The sex slaves are euphemistically known in Japan as "comfort
women."
The Tokyo District Court and Tokyo High Court both rejected the plaintiffs'
demands for damages, prompting them to appeal to the top court.
Presiding Justice Osamu Tsuno of the Supreme Court said, "Compensation for
damages caused by Japan during war is not envisioned" under the postwar
Constitution.
He also brushed aside the plaintiffs' claim that it runs counter to the
constitutional principle of equality for Japan to deny compensation to the
Korean soldiers, who lost their Japanese nationality following Japan's wartime
defeat.
The Korean Peninsula was under Japanese colonial rule between 1910 and 1945.
In its July 2003 ruling, the high court acknowledged for the first time that
the government had failed in its obligation to provide security for the Korean
soldiers and women.
It also ruled for the first time against the government's claim that it would
not be subject to responsibility over administrative authority exercised prior
to postwar enactment of the national redress law.
But it rejected the compensation claims and backed the government's stance that
the plaintiffs' right to claim redress expired under an agreement signed
between Japan and South Korea in 1965.
The former Korean soldiers were conscripted into the Japanese military in the
early 1940s. The plaintiffs included relatives of those who were killed in
combat and others who who died when their ship sank on the way back home
following the war's end.
The Korean women were forced to provide sex to Japanese soldiers at garrisons
in China and elsewhere.
Historians estimate that up to 200,000 women, mostly from the Korean Peninsula
and other parts of Asia, were forced to serve as sex slaves for Japanese
military personnel before and during the war.
A series of similar lawsuits followed after this suit was filed in 1991 by the
Association of Pacific War Victims and Bereaved Families, led by Kim Jong Dae.
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