South Korean court rejects plaintiff’s appeal regarding the Japanese government’s asset disclosure = Comfort Women lawsuit
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【Seoul Yonhap News】 In relation to the Seoul Central District Court’s decision in January 2021, which recognized the claims of 12 Korean comfort women victims from the former Japanese military and ordered the Japanese government to pay compensation (which has been finalized), the same court has overturned its decision asking the Japanese government to disclose a list of assets located in South Korea. The appeal made by the plaintiffs against this decision was rejected, as revealed by legal sources by the 31st.
The plaintiffs, including the late Pae Chun-hee, filed a civil mediation request for compensation against the Japanese government in August 2013, but the mediation did not materialize as the Japanese government refused to accept the delivery of litigation-related documents. At the plaintiffs’ request, the formal lawsuit transitioned in January 2016, and in January 2021, the Seoul District Court ordered the Japanese government to pay 100 million won (approximately 1.1 million USD) per plaintiff. The Japanese government did not appear in court, asserting the principle of “sovereign immunity,” which states that courts cannot conduct trials against other countries, and thus the judgment was finalized.
Following this, in April 2021, the plaintiffs requested the disclosure of a list of assets owned by the Japanese government in South Korea. The district court accepted this request and issued a decision ordering the list to be submitted by March 21, 2022.
Meanwhile, the Japanese government refused to accept the documents ordering the disclosure of its assets in South Korea sent by the district court. The district court stated, “The documents were sent to the debtor but have been returned continuously, and there is no other way to deliver the documents besides public notice delivery,” and canceled the decision ordering asset disclosure on the grounds of “unknown address.”
The plaintiffs immediately appealed the cancellation of the decision.
In the appeal hearing, the district court explained that if there is no other method of delivery besides public notice, it is inevitable to revoke the asset disclosure order and dismiss the disclosure request.
The plaintiffs can re-appeal the decision of the appellate hearing and seek a ruling from the Supreme Court. However, regardless of the Supreme Court’s decision, it remains unclear whether the seizure of assets or cash conversion procedures can be realized.
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