[Statement] Korean-Japanese lawyers and intellectuals are protesting the judgment of comfort women by the Seoul Central District Court

On January 8, 2021, the Seoul Central District Court of Korea, passed judgement for Japan to pay 100 million won to each comforr woman, in a lawsuit filed against Japan by 12 comfort women..

We, the Korean and Japanese lawyers, as well as intellectuals, strongly protest against this judgement, as the judgement of the historical recognition is presupposed by this ruling, because it is an error and contradicts the principle of international law of sovereign immunity.

This ruling, following the ruling of the Supreme Court of Korea on wartime workers in 2018, denies the treaties and agreements of 1965, which are the basis of the current relationship between Korea and Japan, and is completely unacceptable from the standpoint of us, who wish for the friendship and development of Korea-Japan relations. .

Originally, the comfort women had already lost a trial against Japan in a Japanese court. However, Japan has supported comfort women from a humanitarian standpoint aside from the results of the trial in Japan. Among the plaintiffs in this lawsuit, there is a comfort woman who received funding from a foundation funded by the Japanese government in accordance with the Japan-Korea agreement in 2015.

The ruling expressed the historical perception of the comfort women system as "a crime against humanity that has been extensively committed by the Japanese empire. This "crime" intentionally and systematically, violated international compulsory norms." This perception is far from an objective historical fact. At that time, the military comfort woman system, brought the prostitution system that existed in Joseon and Japan into the war zone. The recruitment of comfort women and the management of comfort stations were conducted by civilians, including many Koreans. The military managed and controlled the comfort stations in order to crack down on illegal acts and prevent sexually transmitted diseases by the police under the normal public commencement system. It also provided convenience for the transportation of comfort women, due to the specificity of the exhibition area. Even in Korea after independence, the military-managed comfort woman system was maintained. Based on the international legal norms of the time, it is difficult to necessarily evaluate such a wartime public creation system as necessarily anti-human and illegal.

The ruling did not recognize Japan's sovereign exemption. This is a violation of the principles of international courtesy and sovereign equality. The principle of the sovereign immunity is that “the sovereign states shall not serve in the jurisdiction of each other,” and it is an established customary international law that is based on the states showing an international courtesy on an equal footing. Nevertheless, the judgment has stepped on this.

Following the Korean Supreme Court's judgment on wartime workers in 2018, the Korean-Japanese friendly relationship created by the ancestors of Korea and Japan through this judgment of comfort women is facing a serious breakdown. In order to realize a free and prosperous East Asia, friendship between Korea and Japan is indispensable in liberal democracy. From that standpoint, we demand the following from the governments of both Korea and Japan.

1. The Korean government should take the responsibility of the government, which is to deal with the problem in order to prevent the worst circumstances, such as the seizure of property in Japan based on the judgment.

2. The Japanese government demands that international public relations based on facts be strengthened in order to correct the false perception of history on the comfort women issue.

2021. 1. 26

Korean lawyers

Kim Gisu, Ku Juwa, Kim Byeongcheol, Moon Sujeong,

Yoo Seungsoo, Lee Moonjae, Jang Jaewon, Hyun seongsam

Korean intellectuals

Kim Byunghun, Lew Seok Choon, Lee Wooyeon, Lee Jucheon,

Jeong anki, Ju Dongsik, Choi Deokhyo

Japanese lawyers

Katsuhiko Takaike, Minoru Okajima, Aoyamasadasei, Osamu Arakida,

Ryuji Inada, Yukihiro Ozaki, Takuya Iwamoto, Yoshito Tanaka,

Matsumoto Fujiichi, Shigeki Miyazaki

Japanese intellectuals

Nishioka Tsutomu, Ito Takashi, Esaki Michio, Katsuoka Kanji,

Sakurai Yoshiko, Shimada Yoichi, Takahashi Shiro, Tanaka Hidemichi

Tai Ikuhiko, Watanabe Toshio