동북아역사재단 NORTHEAST ASIAN HISTORY FOUNDATION 로고 동북아역사재단 NORTHEAST ASIAN HISTORY FOUNDATION 로고 Newsletter

Civil Society
Dreams for the Freedom and Dignity of the People who were Victimized by the Forced Mobilization of Japanese Colonialism
    Kim Jin-young, Director of the Association for Requesting Compensation for the Pacific War Victims

Yeo Un-taek, Shin Chun-soo, a victim of forced mobilization, filed a lawsuit against Nippon Steel Corporation. (December 24, 1997, in front of the Osaka District Court in Japan)

Yeo Un-taek, Shin Chun-soo, a victim of forced mobilization, filed a lawsuit against Nippon Steel Corporation.

(December 24, 1997, in front of the Osaka District Court in Japan)


On June 7, the 34th Civil Chamber of the Seoul Central District Court dismissed the plaintiff's claim in a lawsuit filed by victims of forced mobilization. Meanwhile, in October 2018, the Supreme Court recognized the damage that victims of forced mobilization suffered from human rights violations and claim. Therefore, this ruling is breaks the precedent of Supreme Court by the District Court. Citizens who heard the media reports were angry at the judge's regressive historical perceptions in the ruling, before they considered legal logic.

    

    

The lawsuit to restore the violation of human rights caused by Japanese colonial rule and forced mobilization

    

Victims who were forced to work for Mitsubishi Heavy Industries in Hiroshima, Japan during the Japanese colonial period filed a lawsuit in Japan in 1995. In 1997, victims mobilized at the Osaka Steelworks of Nippon Steel Corporation filed a lawsuit. But all the victims were lost. The Japanese court rejected the plaintiffs' claim. Japan said that the plaintiffs could not insist on the claim because of the Korea-Japan claim agreement, and the prescription expired. The victims could no longer find a way to fight, and the pain was not lessened. Eventually, the victims filed a lawsuit in Korea.

    

And in October 2018, the Supreme Court ruled in a lawsuit filed by Nippon Steel Corporation's victims: "The colonial rule of Japan is unlawful; human rights were violated by the anti-humanitarian unlawful acts of Japanese corporation, which are directly linked to colonial rule and war of aggression, so the defendant must compensate." This ruling reflects the Constitution of the Republic of Korea, which stipulates that "The Republic of Korea was born in accordance with the spirit of the March First Independence Movement of 1919 and succeeded the provisional government." And it also reflects changes in the International Human Rights Law and the International Humanitarian Law, which emphasizes that "All colonialism should be rejected, and those involved must constantly work to restore the human rights of victims."

    

    

The solidarity for the fulfillment of the perpetrators' responsibilities and practice of justice

    

The Pacific War Victims Compensation Promotion Council (hereinafter referred to as the ‘The Council’) was established in 2000. ‘The Council’ was established by victims and their bereaved families who suffered from forced mobilization by impressment, military conscription, Sexual slavery victims for the Japanese imperial army, and Korean Women's Volunteer Labour Corps to clarify the truth and restore human rights. Due to the nature of the damage caused by forced mobilization of Japanese imperialism, joint projects and solidarity with Japanese civic groups have been ongoing since its establishment. The restoration of human rights of victims through lawsuits is a major project of ‘the council’. ‘The council’ is working as a secretariat responsible for the Nippon Steel Corporation case filed in Japan in 1997, and the Mitsubishi Heavy Industries and Japan Steel cases, which were finalized by the Korean Supreme Court in October and November 2018. Currently, seven lawsuits in Korea against the perpetrators are underway. And recently we launched more than 40 new lawsuits with ‘Lawyers for a Democratic Society’.

    

People who have been victimized by the forced mobilization of Japanese imperialism have filed a lawsuit against Japan Steel for damages. The Supreme Court of Korea ruled on this. (October 30, 2018, in front of the eastern gate of the Supreme Court)

People who have been victimized by the forced mobilization of Japanese imperialism

 have filed a lawsuit against Japan Steel for damages. The Supreme Court of Korea ruled on this.

(October 30, 2018, in front of the eastern gate of the Supreme Court)    



The Way to Overcome Colonialism and Establish Universal Human Rights

    

On June 7, the Seoul Central District Court, which dismissed the claims of victims of forced mobilization, ruled as follows. “In the era of imperialism, it cannot be confirmed that the great powers annexed the weak states is unlawful. If relationship with them is undermined, our relationship with the United States could be undermined. Therefore, we cannot accept the plaintiff's claim.” Many citizens criticized “Is this the ruling of an independent democratic state? Why does the court sophisticate on political and diplomatic issues?” According to the logic of this ruling, it can not be concluded that the colonial rule and forced mobilization of Japanese imperialism are unlawful. Rather, the independence movement against the colonial rule of Japanese imperialism may become unlawful acts. The Republic of Korea states that it inherited the provisional government in the Constitution. Therefore, this ruling denies the foundation of the Republic of Korea.

    

On July 22, the 44th session of the World Heritage Committee adopted a decision on the 'Sites of Japan's Meiji Industrial Revolution: Iron and Steel, Shipbuilding, and Coal Mining', which was selected as a world cultural heritage in 2015. The contents of the decision are as follows. “Strongly regrets that the State Party has not yet fully implemented the relevant decisions.” and “Requests the State Party in the implementation of Measures to remember the victims.” When these sites were selected as world cultural heritage in 2015, the Japanese government promised to implement interpretive strategy to understand the full history of each site. Six years have passed since then, but the Japanese government has not fulfilled its promise. That's why UNESCO pointed it out. The Sites of Japan's Meiji Industrial Revolution was a key facility for Japanese modernization and industrialization, and was a military industrial facility directly connected to the invasion war of Japanese imperialism. In this facility, not only Koreans, Chinese, and Allied prisoners, but also Japanese people were seriously damaged. UNESCO's decision means that it has to reveal this dual aspect of the facility and it has meaning as a world cultural heritage. UNESCO questions Japanese government. “How will Japan remember the invasion war and forced mobilization of Japanese imperialism?”

    

However, this question applies to us as well. On October 30, the Supreme Court's final decision will be three years. In 2019, the Japanese government began export regulation on Korea, pretext of the ruling on forced mobilization by Korean courts. So, Korean citizens started a movement saying, "Even if we did not do independence movement, we will join the boyscotts of Japanese products." Citizens clearly understood that this problem is a universal human rights issue. They sympathized with the victim's pain, and were angry at the perpetrator's irresponsibility. The issue of forced mobilization of Japanese imperialism is related to the identity of Korean society, Japanese colonialism, and universal human rights issues of the international community.

    

The victims who experienced forced mobilization of Japanese imperialism became the elderly, and many people have already died. However, the battle of the victim who has been trying to defend his dignity is leading to the next generation, and Korean citizens are dreaming of a better world. ‘The Council’ will continue to work for a world where human freedom and dignity are respected with those who dream of a new world.