Repeated Forced Labor Ruling: Historical Understanding and a Bridge to the Future

On November 22, 2023, the Gwangju District Court in South Korea ordered Kawasaki Heavy Industries to pay approximately 15.38 million won (approximately 1.76 million yen) in compensation in a lawsuit filed by the bereaved family of a former forced laborer who was mobilized from the Korean Peninsula during the Japanese colonial period. In similar lawsuits, the South Korean Supreme Court has repeatedly ruled against Japanese companies, and similar rulings are expected to continue at lower courts in the future.

This ruling goes beyond simply questioning the compensation liability of a single company; it highlights the larger issue of differing historical perceptions between Japan and South Korea, and the construction of future relations.

The former forced laborer in question was a teenager at the time and allegedly worked at a factory in Kobe for about six months in 1945. After returning to Korea after the war, he was unable to receive his wages, and he died in 2015. His family filed a lawsuit in 2020. The Gwangju District Court ordered Kawasaki Heavy Industries to pay approximately 1.76 million yen. This ruling is the latest example in a series of lawsuits involving former forced laborers, and similar rulings are expected to follow.

Furthermore, on November 27, 2023, the Gwangju District Court ruled in a lawsuit filed by the bereaved families of former forced laborers against Mitsubishi Materials, ordering the payment of approximately 490 million won (approximately 53 million yen) to six plaintiffs. The plaintiffs claimed that the former forced laborers were forced to work in coal mines in Fukuoka Prefecture during the war. The Gwangju District Court dismissed the claims of three out of nine plaintiffs, but accepted compensation for the remaining six.

These rulings are part of a series of ongoing events related to the so-called "forced labor issue," stemming from the South Korean Supreme Court's 2018 ruling that confirmed compensation orders against Nippon Steel & Sumitomo Metal (now Nippon Steel) and Mitsubishi Heavy Industries. The South Korean Supreme Court acknowledged the tort liability of Japanese companies and ordered compensation to the victims. Since this ruling, similar lawsuits have been filed repeatedly in South Korea, resulting in successive defeats for Japanese companies.

On the other hand, the Japanese government maintains its position that the issue was "completely and finally resolved" by the 1965 Japan-Korea Claims Settlement Agreement. Under this agreement, Japan provided South Korea with $300 million in grant aid and $200 million in loan aid, resolving issues related to claims between the two countries and their citizens "completely and finally." The Japanese government maintains that individual claims were extinguished based on this agreement.

However, there is a significant gap between Japan and South Korea regarding the interpretation of the phrase "completely and finally resolved." Associate Professor Kentaro Wain of Osaka University points out that while the Japanese government's interpretation of the Japan-Korea Claims Settlement Agreement is more natural, the South Korean Supreme Court's interpretation is not completely impossible and that it cannot be simply dismissed as a judgment "unacceptable under international law."

Associate Professor Wain's point suggests that the interpretation of the Japan-Korea Claims Settlement Agreement is not merely a matter of legal technicality, but is deeply intertwined with historical perceptions. The South Korean Supreme Court, based on the illegality of Japanese colonial rule, ruled that the claims for compensation by former forced laborers were not covered by the Japan-Korea Claims Settlement Agreement. On the other hand, the Japanese government does not acknowledge the illegality of colonial rule, and this is the fundamental difference between the two countries' positions.

Currently, the South Korean government announced a solution to the former forced labor lawsuit issue in March 2023, stating that a government-affiliated foundation will pay an amount equivalent to the compensation from Japanese companies to plaintiffs whose compensation rulings have been finalized by the Supreme Court. However, at least 60 lawsuits involving former forced laborers are still pending, and a complete resolution has not been reached. Furthermore, on November 28, 2023, the Seoul Central District Court ruled on two lawsuits filed by Korean former forced laborers and their bereaved families against the South Korean government, dismissing both and resulting in the plaintiffs' defeat. The court, based on Supreme Court precedents, judged that Japanese companies should compensate former forced laborers and did not recognize the government's liability for compensation. This ruling is the first concerning related lawsuits against the South Korean government, and future developments will be watched closely.

The conflict between Japan and South Korea over the issue of former forced laborers casts a shadow not only on current and future relations between the two countries but also on the stability of the Northeast Asian region. While acknowledging their differing historical perceptions, both countries need to continue persistent dialogue and efforts to build a future-oriented relationship. In doing so, a sincere approach is required, considering not only legal arguments but also the feelings of the victims and the historical facts.

The deterioration of Japan-South Korea relations is a significant negative factor not only for both countries but also for the stability of the Northeast Asian region. For the younger generation who will bear the future, it is essential to seek solutions that will serve as a bridge to the future while facing the history of the past, so that they will not be tossed about by history and can build a future together.

The Gwangju District Court's ruling holds the potential to be a new step toward this goal. It may be more than just the payment of compensation; it could be the beginning of a path toward healing the wounds of history and achieving true reconciliation. To that end, it is necessary for the governments, companies, and civil societies of both Japan and South Korea to sincerely confront this issue from their respective positions and continue their efforts toward resolution.