The Report on Human Rights Situation in the Republic of Korea
immunity25) on a lawsuit raised by the victims of the Japanese military ‘comfort
women,’ violating the international human rights during World War II.26) There
have been lawsuits raised by the Japanese military ‘comfort women’ in a Japanese
court or the US courts against the Japanese corporations, but this was the first
hearing in Korea related to the Japanese military ‘comfort women’ against the
Japanese government.
In its ruling in Jan. 2021, Seoul Central District Court ruled that victims of
international crimes must be guaranteed the right to justice in exceptional
circumstances where there are no other means of relief, and it is proper to
recognize the exceptions in applying the sovereign immunity. Therefore, the court
ruled the Japanese government to pay 100,000 KRW each to the plaintiffs as part of
its liability. On the other hand, in its ruling in Apr. 2021, the court dismissed the
suit by stating that Japan signed the 2015 South Korean-Japanese Agreement
includes the terms on the government measures and can be considered ‘an alternative
relief for the victims.’27)
B) Criticism and Distortion Against the Japanese Military ‘Comfort Women’
Harvard Law School professor J. Mark Ramseyer claimed sex slaves taken by the
Imperial Japanese Army during World War II were actually recruited, contracted
sex workers in the paper “Contracting for Sex in the Pacific War” published in the
March 2021 issue of the International Review of Law and Economics. This claim
has been repeated over a long period of time, but due to the fact that a Harvard
University professor made such a claim, many researchers all over the world
presented criticisms from several aspects.
25) Principles of international law that exempts a state from jurisdiction of another country for acts vested to the
state and the property of the state
26) Seoul Central District Court, Jan. 8, 2021, Case No. 2016GaHap505092; Seoul Central District Court, Apr. 21,
2021, Case No. 2016GaHap580239
27) However, the court did not deny that the comfort women victims have the actual legal right to compensation
against the defendants, and that the rights of the comfort women victims have been disposed of or lapsed
according to the South Korea-Japan Agreement of Dec. 28, 2015.
30