Kangzen attorney, who is considered the best expert in lawsuits related to forced mobilization and comfort women in China. In an interview with the Hankook Ilbo, Kang said, “Before Japan insists on sovereignty exemption, war responsibility and compensation for victims come first.” Self-provided
A lawyer who specializes in litigation against Japan, representing China, paid tribute to the Korean court’s ruling to compensate the Japanese government to compensate the victims of comfort women. He emphasized that “the Korean court can enforce the judgment,” and that the Japanese government’s assets should be seized and compensated.
On the 8th, 12 people, including the late Chun-hee Bae, won a lawsuit for damages against the Japanese government for the first time. In response, China’s lawyer Kang Zhen said in an interview with the Hankook Ilbo on the 24th, “It embodies the basic ideology of the law of fairness and justice.” .
However, the Japanese government refused to carry out the judgment of the Korean courts and is advocating the principle of’exemption from sovereignty’. Attorney Kang said, “International law is for the last time to protect world peace and to maintain a stable international order,” he said. did. Regarding the 2015 comfort women agreement, he urged, “The past political agreements between Korea and Japan do not bind the court ruling.
This is the second interview with Mr. Kang after July 2019. At that time, Japan regulated the export of semiconductor materials under the Korean Supreme Court’s ruling for forced mobilization, and the relationship was at its worst. One year and six months have passed, but Korea and Japan are again confronting with the conflict over the judgment of comfort women. Forced conscription and compensation for victims of comfort women are a long-standing task that both Korea and China must solve in common, so I was curious about his views this time. Kang is considered as a conscientious intellectual who has been selected as a’person of justice’ in China, taking the lead in free defense for victims of the Japanese occupation for 26 years out of 39 years of legal life.
At the Seoul Central District Court on the 8th, when 12 elderly women victims of Japanese military comfort women first won a lawsuit for damages filed against the Japanese government. yunhap news
_If you evaluate the meaning of the Korean court ruling.
“The judgment is full of vigor and power. In terms of international humanitarian law, it strongly protected the victims of serious torts. This ruling conforms to the progressive trend of peace and development that human society deserves to protect. As a Chinese lawyer, I would like to pay tribute to the judge of the Seoul Central District Court who made the decision through the Hankook Ilbo interview. In addition, I would like to express my sincere congratulations to the plaintiffs and attorneys in charge of this case as a person in the industry.”
_The Korean court ruled that “pay 100 million won per plaintiff”. But the defendant is the Japanese government, how does it execute the judgment?
“This is a very real problem. Usually, if the other party does not agree and does not comply with the court judgment, the court may enforce the judgment at the request of either party. If the Japanese government does not appeal, the judgment of the first trial takes effect. Courts are bound to enforce judgments based on the defendant’s property status. However, if these mandatory measures were actually implemented, the Korean courts would face considerable pressure from the Japanese government and elsewhere.”
(※ Japanese Foreign Minister Toshimitsu Motegi announced on the 22nd that he would not appeal, and the decision of the first trial was confirmed.)
-The Japanese government insists on sovereignty exemption, is it valid?
“The sovereign immunity stems from the principles of traditional international law. It is helpful to some extent in maintaining a stable international order. After the end of the Second World War, German and Japanese war criminals were punished at the International Military Tribunal in Nuremberg and the Far East (Tokyo). As you can see, the German government fully reflected and apologized for the war. However, the Japanese government refused to admit their faults and denied legal responsibility, ignoring the damage suffered by war victims. International law should not be abused as a shield to escape responsibility for criminals. Even more than 70 years after the war, the Japanese government has not yet paid compensation to the victims of the invaded country.”
_ Will the Korean court’s ruling affect the lawsuits for victims of comfort women in other countries?
“An important indicator of the legal society is respect for human rights and upholding fairness and justice. The Korean courts showed their strong commitment to the rule of law through the ruling. It will surely have an important and constructive impact on the international community.”
_What will happen if the Japanese government files a complaint with the International Court of Justice (ICJ)?
“According to the ICJ’s rules of jurisdiction, the ICJ has no compulsory jurisdiction over it unless the Korean government accepts it.”
An article containing the contents of an interview by Kangzen at the Hankook Ilbo in July 2019. At the time, with the Korean Supreme Court’s ruling to compensate for the victims of forced mobilization, Japan unilaterally regulated the export of semiconductor materials, which culminated in the conflict between Korea and Japan. Ground capture
_ Both Korea and Japan signed a claim agreement in 1965 and a comfort women agreement in 2015. However, the court ruling is overturning the existing agreement. How can you overcome the gap between politics and legal judgment?
“In recent years, Korean courts have ruled that the 65-year claims agreement has limited validity and scope. In addition, the 2015 comfort women agreement was disbanded as some parties opposed the support fund (Reconciliation and Healing Foundation). Therefore, it cannot be said that this ruling overturned the existing agreement. In other words, it is a judgment based on the fact that the oral comfort women agreement has already been unilaterally invalidated by one side. Political decisions place more importance on the interests of the whole situation, while judicial trials place more importance on the legitimate rights and interests of the parties. One thing is requested for the realization of the legal rule society. Before politicians make decisions from a macroscopic point of view, look at each of them.”
_How are Chinese victims held accountable for the Japanese government’s illegal activities?
“Since 1995, I have prosecuted the Japanese government in the Tokyo District Court. The final ruling came out in 2010. Japanese courts admitted that Chinese plaintiffs were harmed, but exempted the Japanese government from legal liability. Since then, the Japanese government has requested apology and compensation by submitting documents to the Japanese embassy in China.”
_Is there any results of the comfort women lawsuit in China?
“The Chinese court did not prosecute in a suit related to comfort women.”
_The most important thing for victims of comfort women.
“The Japanese military inflicted irreparable damage mentally and physically. With the pain that cannot be expressed in words, we have no choice but to suffer for a lifetime. They are fiercely demanding apology and compensation for illegal activities. The Japanese government must follow suit.”
-What should the Korean and Chinese governments do against Japan?
“The governments of both countries should actively protect the legitimate rights and interests of victims of comfort women. The Chinese government should proactively consult with the Japanese government and urge them to take responsibility. Like Korea, in China, victims of comfort women are passing away one after another. There are only 10 survivors left. Time is very tight. I can’t just wait any longer.”
Beijing= Kwangsoo Kim Correspondent [email protected]
