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It took me too long to get it.
[일요시사 취재1팀] Chang Ji-sun reporter = C & # 39; was long. The Supreme Court made the plaintiffs' lawsuit filed by the victims against the Japanese war crime society. Meanwhile, boys brought to Japan as teenagers have become old. Some victims heard from heaven. <일요시사>Looked at the implications of the lawsuit.
Japanese colonial rule during Japanese colonial rule forced Korean government, I was taken to a mine.. 1937After the Sino-Japanese War [1945[1945Koreans who have been forced by the year 113Wax 146He is known to reach 10,000 people. They were thrown into hard work.. However, Japan has refused any compensation for victims of forced labor..
1937-1945
People taken
The Supreme Court of Korea has declared that Japanese war criminals must compensate victims of civilian casualties during Japanese colonial rule. Victims of forced labor 1997Since the first trial in Japan 21Year2005Year 1When a lawsuit was filed in the court of first instance 13Only years. 1945After the year of independence, 73The years have pbaded..
Supreme Court(Chief Justice Kim Myeong-su, Chief Justice)Last month 30Work, Lee Chun Sik(94) Grandfather 1941~1943Victims of forced labor during the Japanese colonial period 4The names of Japanese war criminals Nippon Steel(Currently, Shinil Kim)The defendant's appeal was dismissed in the case of an appeal against damages against the defendant..
The Supreme Court "The right of the victim to claim damages 1Compensate 100 million won"Confirmed the verdict.. And "Applications for forced mobilization are not included in the Korea-Japan claim."Highlighted..
In addition, it was interpreted that the right to claim alleged unlawful acts committed by the Government and Japanese companies, rather than simply unpaid wages or compensation, was not included in Korean law..
Supreme Court overturns Supreme Court of Japan decision against same lawsuits against victims in Japan, What was the basis of judgment at the time 1965The interpretation of the agreement on the patent rights of one day was refused as a whole. The problem is that, according to the Korean government 3100 million dollars, Ready 2If the money, including the $ 100 million, includes the damages for forced labor.
At the time & # 39;Property of the people, And that the issues of rights, interests and claims are completely and finally resolved& # 39;And& # 39;We can not make any claim against all claims.& # 39;The sentence is entered.. Until the verdict is made, the Japanese government, the academy and the Japanese government have agreed to include the right to claim damages for the binding settlement of their claims..
Only one survivor claim
Judgment after re-appeal
However, the Supreme Court's badertion that the Korea-Japan jurisdiction is not intended to seek compensation for the illegal colonization of Japan, but of the San Francisco Treaty 4Financially based on·Civil link·The situation has reversed, saying it was to solve the problem of debt by political consensus.
During the negotiations, the Japanese government did not recognize the illegality of the colonial vessel, nor the legal remedies against forced mobilization, and concluded that it was difficult to say that the two countries were not in the same position. had not reached an agreement on the character of the Korean peninsula..
President of the Supreme Court 7Justice Justice issued a majority opinion. In a separate opinion, Justice Lee stated: 2012The decision of the Supreme Court concluded that there had been no exceptional circumstances in which it had been changed,.
Kim so young·migrant·Judge Roh Jung-hee also made a number of decisions and decisions with different opinions.. Those are "The right to claim damages from victims of forced labor should be covered by the Korea-Japan agreement"Again "The individual claims of the victims can only be extinguished by the Korea-Japan agreement."I judged it..
Kwon Sun·Judge Jo Jae-yeon expressed a dissenting opinion.. Two peopleMoney "It is not possible that individual claims were immediately canceled or abandoned by a claim agreement,"And "Victims must also take legal action against Nippon Steel, a Japanese national, for claiming damages for domestic mobilization."Has explained.
Billing rights
According to interpretation
The decision of the Supreme Court raised the possibility of bringing a lawsuit against the victims of forced labor.. The minimum number of people who can take legal action is 14Estimated at 10,000. In addition, we have already filed a lawsuit 962The probability of winning is greater. Until obtaining such a result,(The death) Shincheon Water(The death) Gyu Sik Kim(The death) Victims of forced kidnappings such as Lee Chun Sik 4He had to fight a very long court battle..
Lee Chun-sik's grandfather 1941At that time, the mayor of Daejeon was chosen as a rallying country to be sent to Japan.. Students in the bo, An organization organized to mobilize women and others.. It was Japan that hoped the conditions would be better in Chosun.
But the work was done and the meal was mediocre.. I was dead but I was not paid. [1945[1945The situation was still after the Japanese defeat for years.. The life of my crazy grandfather and my grandfather was no different.. During their work at the steelworks,, I did not have any either, because I did not have a salary..
After 1997Year·Sincheon-gun's grandfather was forced to pay damages to Nippon Steel for the Osaka District Court in Japan·I filed an unpaid salary claim.. 2001Year 3Osaka District Court "Nippon Steel has failed to recover the old Japanese steel debt"And rejected the claims of plaintiffs such as my grandfather.
2002Year 11The Osaka High Court also dismissed their appealThe 2003Year 10The Supreme Court of Japan rejected the plaintiff's appeal..
2005Year 2In the month,·Shincheon Water·Gyu Sik Kim·Grandfather Lee Chun-sik filed a lawsuit against Nippon Steel in the Seoul District Central Court for seeking redress. 2005Year 8At the time of the month, the Korean government "The claims treaty does not solve the problem of the Japanese government and the anti-human crime of the army, and the legal responsibility of the Japanese government remains."He expressed his official opinion..
However, 3Years late 2008Year 4Seoul Central District Court "Japan's decision is recognized in Korea, Nippon Steel can not be considered to have inherited the old Japanese steel debt"The plaintiff ruled that he had been beaten.. The following year 7Month, The Seoul High Court also dismissed the plaintiff's appeal.
2012Year 5Supreme Court overturned in May. The Supreme Court "The Japanese decision is contrary to the Constitution."Judge, I sent the case back to the High Court.. At that time, the Supreme Court ruled that Japan's final decision would not be effective in Korea because of a direct conflict with the core values of the Constitution of the Republic of Korea., I did not think that the individual claim had expired under the agreement between Korea and Japan..
On the basis of these judgments, 2013For victims of forced abstinence, 1A total of 100 million won 4And to pay damages of up to 100 million won. Since then, 7Monthly case subject to a power agreement, Last month 30We rejected the call of the Japanese steel industry and concluded the final conclusion.
Judicial farm
Representative case?
Meanwhile, the victim 4Of the people, three except Grandpa Lee Chunsik have left the world.. Grandfather Lee Chun-sik is the one who reveals his testimony after the Supreme Court ruling "The first trial was four, but now I'm left alone and I feel sad and sad."Said. After "(Other complainants) I would be very happy if I heard the sentence together."She sobbed..
Despite the final decision of the Supreme Court, the road ahead is still long.. Compensation Can Be Paid If Nippon Steel Corporation Succeeds Supreme Court Judgment. If Nippon Steel owns property in Korea, these can also be applied..
The past of Nippon Steel 2012It was also revealed that the company had expressed its intention to accept the judgment of the judiciary at the annual general meeting of shareholders..
Last month 31Group of Japanese citizens & # 39;Meetings to support the trial of the Japanese Steel Court& # 39;According to Soichi Sakuma, CEO of Nippon Steel Corporation, 2012Year 6Month26General meeting of shareholders held on the working day "You must follow the verdict."Mentioned purpose. His remark is that a shareholder "I do not think it is necessary to pay damages to the victims, but if so, will they pay?"Was the answer to the question.
But Japan is strongly opposed to the decision of the Supreme Court.. Japanese Prime Minister Shinzo Abe, "Judgment that can not be judged by international law"Said. Japan NHKAccording to last month 29Prime Minister Abe has asked the Supreme Court in the House of Representatives about the decision of the Supreme Court "The problem 1965Completely and finally resolved with the Korea-Japan claim agreement"Said.
Foreign Minister Konodaru protested vigorously after the announcement of the protest and then called Ambbadador Lee Soo-hoon to the Foreign Ministry.. The Minister of Foreign Affairs of Kono, "So sorry"And"Can never accept"Said. After "Decision overturns legal basis of friendly relations between Korea and Japan"And "Urges Korea to take immediate measures, including by correcting violations of international law"Said.
Last month 31Foreign Minister Kang Kyung-hwa had a telephone conversation about the Supreme Court's decision with Foreign Minister Kohno..
According to the Foreign Ministry, Kono's Minister of Foreign Affairs outlined the position of the Japanese government, expressing concern over the Supreme Court ruling the day before.. Kang "Our government respects the judgment of the judiciary., After a careful review of the issues related to this decision, we will prepare countermeasures taking into account all the factors in a comprehensive manner."Has explained.
Five years at the Supreme Court
Japanese reaction "very sorry"
The decision of the Supreme Court is at the center of controversy in Korea as well as diplomacy.. Because the claim for compensation of the victim is a representative case of the trial of Judge Yong Sung-tae. The Supreme Court ruled after the court 5I have not been sentenced for nearly a year..
If a case is returned, it is usually confirmed as is.. There was a suspicion that the Supreme Court had deliberately attracted. The suspicion is that 5It has been seriously invoked since the findings of a special investigation team investigating allegations of abuse..
At that time, the special investigation was about the Blue House. "Restoration of friendly relations between Korea and Japan"And "It is expected that the claim to dismiss the claim for compensation for the injury caused by forced labor in Japan will be quashed."I found a document saying.
As the prosecution investigated, additional documents supporting the hard drive of the former deputy director of the court, Lim Jong-. Judge the negative position of the Ministry of Foreign Affairs in the compensation of victims of forced labor & # 39;Reflection& # 39;This is typical of documents that require the sending of a judge abroad.
The pursuit 7The month opened an in-depth investigation into the same allegations.. Lawyer Kimmo de Haemaru, a law firm representing victims of forced marriage, "The Supreme Court is the second hearing, and the question is no different from the first, 5Reporter years"And "As the trial continued, some of the manuscripts had already died, Surviving victims are also going through a difficult period."It would have been declared..
The political party deliberated on the decisions of the Supreme Court, whether they were welcome or not, but subtly differentiated the points of detail.. In addition, Hong Myung-pyo, a spokesman for the Democratic Party, "Government and Japanese companies must make official apologies and legal remedies."Said.
After "In the background of the lawsuit, there are suspicions of a lawsuit between Park Geun-hye and Cheong Wa Dae."And "I urge the special court to clarify the truth about the situation of farmers of justice"And highlighted the situation of the legal farmers..
Kim Jung-hyun, spokesperson for the Democratic Party of Peace "The Japanese government should not deny the story. I urge you to apologize for the crimes against humanity of Japanese law." "In particular, the decision was taken because the judges of the courts subject to the Geun-hye park regime must be banned"He raised his voice..
Yoon Young-suk, spokesman of the Free Korean Party, "For Japan to establish a future relationship between the two countries, it is no longer a matter of obscenity and bitterness, but a sincere apology and reflection. should be given to bereaved families against illegal and tortuous activities perpetrated under Japanese colonial rule."Commented..
Political party welcome
Subtle difference
Chief Spokesperson Kim Sam-hwa "As soon as the Supreme Court ruled,, We must do our best to get compensation for the apology of society and the elderly."And emphasized the role of the government.. Judge Choi Seok-seok's spokesperson "Japan now confesses all the sins it committed during the Japanese colonial period, You should apologize to the victims."Commented..
<기사 속 기사> Ministry of Justice – Ministry of Foreign Affairs – Kim & Jang Suspicion of civic groups?
Supreme Court sentence opens the possibility of victims of forced labor receiving the cost of labor. The process by which victims of forced execution were sentenced to the hearing was difficult. Kim & Chang, the largest law firm in Korea, participated as a representative of Nippon Steel Corporation..
Recently, suspicions that Kim and Jeong were responsible for justice and administration were confirmed..
KBSaccording to 2014Kim and Chang have submitted to the Supreme Court the reason for Nippon Steel's appeal. From there 2After a year, Kim and Jang asked the Supreme Court to take the statement from the Foreign Ministry as soon as possible., Most of the opinions submitted by the Ministry of Foreign Affairs were in line with the grounds of appeal..
C & # 39; 7This sounds like the suspicion that several NGOs held an emergency press conference in May.. At the time "Ministry of Justice and Ministry of Foreign Affairs, I can not resist the shock and anger aroused by the ugly membership allegations of Kim and Jeong"I insisted.. <Line>
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