뉴스레터

In a May 24, 2012 decision, the Supreme Court of Korea invalidated the decision of the Japanese court, which deemed the forced conscription during the Japanese occupation period lawful in itself, on the grounds that it contradicted the core value of the Korean Constitution. NAHF Research Fellow Doh See-hwan, who led the Korean and Japanese intellectuals to issue the 'Joint Statement Declaring the 1910 Korea-Japan Annexation Treaty Null and Void' in 2010, had the following interview with attorney Choi Bong-tae, who has worked for twelve years on the lawsuit seeking compensation for damage caused by Japan's forced conscription.

attorney Choi Bong-tae

Doh In 2000, you started working on this lawsuit seeking compensation for damages caused by Japan's forced conscription. Please tell us about the background and if you have had any financial difficulties while working on this case.

Choi My interest in the victims of Japanese imperialism started while I was in Japan for my studies from 1994 to 1997, specifically when I saw and was impressed by some Japanese lawyers and citizens devoted to helping Korean victims. I haven't thought about attorney's fee, but haven't experienced much financial difficulty in working on the case over the last twelve years because I have worked with other lawyers as law firm members.

Doh What has been the most difficult aspect of working on the case over the last twelve years?

Choi Losing in the first and second instances came as a big shock. And the most disheartening to me was the deaths of the victims in the middle of the prolonged case. The victims even resorted to the extreme measure of threatening to renounce their Korean nationality in a rally held before the Blue House in August 2003, out of their frustration with the Korean government and society's indifference to them. I think their outcry was all the more compelling because they are the ones who know from experience what it's like to lose their nation and suffer as a result, and, therefore, understand the importance of nation better than anyone else. But many people didn't even know that said rally had taken place. The Korean society's indifference to the victims of Japanese imperialism was one of the difficulties for me in working on the case.

Doh Did you expect that the Supreme Court of Korea would rule in favor of the victims of forced conscription? What about the Constitutional Court of Korea's ruling in 2011? Did you see it coming?

Choi Not at all, because the Supreme Court had denied twice the plaintiff's requests for a public hearing. On the other hand, I had some expectations for the Constitutional Court's decision because I had been granted an oral hearing.

Doh The NAHF conducted a series of activities that might have helped lead to the Supreme Court's decision, including the 2009 review of the validity of the 'annexation of Korea by Japan' from the perspective of international law that proved the annexation unlawful and invalid, and the 2010 review of 'The History and Problems of the Forced Annexation of Korea by Japan' that led 1,118 Korean and Japanese intellectuals to issue the joint statement declaring the "1910 Korea-Japan Annexation Treaty Null and Void." How do you think these activities have affected the recent decision of the Supreme Court of Korea?

Choi Enormously. The recent decision of the Supreme Court of Korea is an outspoken recognition that the 1910 'Korea-Japan Annexation Treaty' is unlawful. And I think it is equivalent to a legal recognition of the NAHF's efforts made so far. The unlawfulness of the 1910 'Korea-Japan Annexation Treaty' is also one of the hottest issues between North Korea and Japan currently working on establishing bilateral diplomatic ties, and I think it will continue to be debated between Korea and Japan until unification and beyond.

NAHF Research Fellow Doh See-hwan

Doh Have you received any support for this case from the legal community of Japan? Who are conscientious lawyers and what kind of work do they do?

Choi I have received support from lawyers working on post-war compensation claims in Japan, particularly from the group of lawyers (leader Jaima Hidegatsu and Adachi Shuichi among others) who had previously worked on this case in Japan. I owe much of my claim to the brief and judgment of that previous case. It wouldn't be an overstatement that their efforts have been finally recognized in the recent decision of the Supreme Court of Korea. There is a liaison council of lawyers working on post-war compensation claims. The member lawyers of this council are working for the human rights of victims in other Asian countries, including China and the Philippines, as well as Korea.

Doh The NAHF has reviewed the centennial history of the forced annexation of Korea by Japan and identified challenges it has left us. In preparation for the 50th anniversary of the conclusion of the Korea-Japan Treaty in 2015, the NAHF has been organizing 5-year review conferences since 2011. This is part of the long-term, systematic, and comprehensive academic research that the NAHF is conducting as a research institution specialized in Northeast Asian history. How do you think it can affect the 1965 Korea-Japan Treaty?

Choi As North Korea and Japan are in the process of establishing bilateral diplomatic relations, I think that the proper resolution of the problems left by the 1965 Korea-Japan Treaty will be greatly affected by the NAHF's systematic and comprehensive research. I think it necessary to make systematic preparations to cope with many problems that remain unresolved between Korea and Japan after unification, such as the gap in historical perceptions of the Japanese colonial rule period, and the unlawfulness of the 1910 'Korea-Japan Annexation Treaty.'

Doh Now that the Supreme Court has decided to reverse and remand the case, what will be the follow-up proceedings?

Choi There will be another trial at High Court. It is likely to be the final trial for the claims against Nippon Steel Corporation because the victims demanded compensation only. As for the claims against Mitsubishi Heavy Industries, which were wage claims, it could take some time to estimate the claimed wage.

Doh In the case of forced conscription, how is damage estimated? And what is the realistic damage estimate in connection with the Korea-Japan Treaty?

Choi First of all, there are related precedent cases of reconciliation in Japan. And there are also cases of payment for similar damage in the United States and Germany. I think that damage will be estimated based on these cases. The 300 million dollars that Korea received from Japan at no cost at the time of signing the Korea-Japan Treaty, if divided by about 30,000 Koreans killed by the atomic bomb dropped in Hiroshima, amount to only 10,000 dollars per person, which is too small to be reparations for the damage caused by Japanese imperialism for 35 years. Therefore, it is ludicrous of Japan to claim that this money has covered reparations. It takes more than money to compensate the damage caused by Japanese imperialism. This is an issue to be resolved with Japan's apology and compensation sincere enough to deserve Korea's forgiveness.

Doh You have made positive comments on the 2007 decision of the Highest Court in Japan regarding the individual claims in the Nishimatsu Construction case that it's not that the rights are extinguished under the substantive law but just that competence for recourse is gone. But this decision seems to be the Japanese court's attempted evasion of responsibility for the unresolved issue.

Choi Yes, in this case, the Japanese court is criticized for evading responsibility by denying the claims filed by Chinese victims. But I think it worthwhile to note that the Highest Court of Japan urged the responsible parties to voluntarily fulfil their obligations, explaining the legal meaning of post-war settlements, specifically the waiver of claims, made under the San Francisco Peace Treaty, and how their obligations were not extinguished under the substantive law but just the competence for recourse in trial was gone. Some don't attach much importance to such judicially unenforceable obligations. But realistically, I think we should go on creating an international environment in which the Japanese government and companies become compelled to respect the decision of the Highest Court of Japan. The Japanese companies ignored the decision of the Highest Court of Japan that urged them to voluntarily fulfill their obligation, but they are now forced to do so by the decision of the Supreme Court of Korea. In this sense, I can say that the Supreme Court of Korea's ruling boosted the authority of the Highest Court of Japan. I think that maturing constitutionalism in this manner is the path to solving the issue of the victims of Japanese imperialism.

Doh You proposed the '2+2' method by which the governments and companies of Korea and Japan would establish a foundation comparable to the Germany's. Are the victims supportive of this method?

Choi To my knowledge, most of them agree to this method because it will allow all of the four responsible parties to fulfill their responsibility. I can say that this is the East Asia's equivalent of the Foundation 'Remembrance, Responsibility, and Future' of Germany. I think that this process of enabling those who benefited from the war to fulfill their responsibilities is the important first step toward building the community for peace. In this regard, I think that the Korean companies that benefited from the Vietnam War should also reflect on themselves.

Doh What is your prospect of the 1965 Korea-Japan Treaty following the Supreme Court's decision?

Choi 한일협정은I think that the Korea-Japan Treaty, concluded without both countries coming to real agreement, was a product of the Cold War, and has completed its mission at that time. And that's why it is causing problems on many fronts. I think that in the process of resolving those problems, a new framework of amicable cooperation will be laid in Korea-Japan relations.

Doh The NAHF is going to host an international conference on June 22, 2012 on "review of the Korea-Japan Treaty system and the responsibility for 'colonial rule'" on the occasion of the 47th anniversary of the conclusion of the treaty. I understand that the group of lawyers who have worked on the post-war compensation claims as well as academic experts are considering attending the 2015 international conference on the 50th anniversary of the conclusion of the Korea-Japan Treaty. Who are those lawyers?

Choi The recent decision of the Supreme Court of Korea, by deeming the 1910 'Korea-Japan Treaty' unlawful, has reversed and remanded the High Court's decision that accepted the Japanese decision that deemed the illegal colonial rule lawful. I think that "review of the Korea-Japan Treaty system and the responsibility for 'colonial rule'" is a very important and significant subject of discussion. My fellow lawyers working on post-war compensation claims include Kim Mi-gyung, Jang Wan-ik, Yang Jung-sook, and Kim Jin-gook.

Doh Do you have anything you want to say to the Japanese government as our neighbor to work with toward building the East Asian Community for Peace in the 21st century? And what do you think are the roles of the Korean government?

Choi I think that the issue of victims of Japanese imperialism is an issue that Japan should sort out themselves for the sake of democracy in their society. The issue remains unsolved primarily because the Cold War following the end of WWII allowed Japan free ride without holding it responsible for the war. That's why Japan's democracy has inherent limitations. Not resolving issues that must be resolved doesn't help Japan, either. Japan should understand that it's also in their best interests to resolve this issue while the victims are alive. And the Korean government should also think about what roles they need to play in helping Japan finish post-war settlement. In particular, the Korean government is not free from the responsibility for the issue of the victims of Japanese imperialism. I think they should adopt the 'lead-by-example' attitude.

Doh In the recent decision of the Constitutional Court of Korea, omission against the victims of the atomic bombs as well as the 'comfort women' was ruled unconstitutional. And I heard that you have some follow-up plans.

Choi I am looking for NGOs in the United States that will support us lawyers and our lawsuit on the atomic bombs damage. Admittedly, holding the United States responsible for dropping the atomic bombs is as difficult as holding the Japanese 'emperor' responsible. However, I believe that in order to create a world free of nuclear weapons, we must first serve justice for the innocent victims of the atomic bombs. It is important for the United States government to at least admit and apologize that the use of nuclear weapons on innocent citizens was in violation of the international law and to resolve not to use nuclear weapons on mankind ever again. And I think it important for the Korean victims of the atomic bombs to take the initiatives in leading the United States to do so, because they are doubly innocent victims.

Doh What do you think about the NAHF's current activities and future roles?

Choi I think that the Northeast Asian History Foundation is an organization carrying out projects that underlie the building of the Northeast Asian Community for Peace. Since it launch, the NAHF has conducted a lot of activities to find common ground in historical perception and restore trust among Northeast Asian citizens. I think that there will be increasing demand for such activities.

Doh What roles do you think the NAHF should play in resolving the historical issues in Northeast Asia, specifically in collecting wisdom through exchanges with the historical and legal communities of the nations and in seeking solutions through collaboration with the governments and NGOs?

Choi I think that the NAHF should collect wisdom on how to resolve pending issues, specifically the challenges that remained after the Constitutional Court's decision, while working on exchange on a regular basis toward the long-term goal of building the Northeast Asian Community for Peace. Now that the Korean victims of Japanese imperialism have found the way to be compensated, it has also become urgent to relieve the Chinese victims of Japanese imperialism. I think it desirable for the NAHF to take the initiatives in resolving such an issue as well. If the NAHF frequently hosts events that involve the historical community, the legal community, and NGOs, I believe that it will help build the infrastructure for peace in the reason.

Doh Thank you for your words. I understand that your motto is to live in the spirit of the army that fought for national independence and your dream is to contribute to creating a world where everybody leads a happy life. I appreciate your past endeavors, and hope that you dream will come true.