President of Republic of Korea Yoon Suk-yeol visited Japan for the first time March 16-17 to have a summit meeting with Prime Minister Kishida Fumio. His objective was to ‘normalize’ the ‘worst-ever’ bilateral relations which have soured for recent years. The major issue was on the workers drafted by the Japanese authority before and during the war.
RETURN TO THE 1998 JOINT DECLARATION!
The Supreme Court of Republic of Korea ordered in 2018 the Japanese companies to pay compensations to the four Korean workers who had been conscripted during the war when the Asian country was reigned by the Japanese colonialist governments. It requested the defendant, Nippon Steel & Sumitomo Metal Corporation, to pay 100 million Won (approximately \10 million) per person as compensation money for the mental sufferings.
Simultaneously the supreme court said that ‘the personal right to demand compensations for damages is not extinguished’, which is stipulated in the Agreement between Japan and Republic of Korea concerning the Settlement of Problems in regard to Property and Claims and Economic Cooperation concluded in 1965.
Similar rulings were given in November and December in 2018 for eleven Korean victims, but either Japanese companies or the government did not respond rightly to the court orders. Meanwhile, the Korean courts approved to confiscate assets of the Japanese companies involved which station in ROK.
The Japanese government adamantly maintains the stance that the issue of wartime forced laborers was ‘settled by the 1965 Agreement’.
Fundamental rules of the United Nations
The United Nations, however, in the 2005 general assembly it adopted a resolution of the fundamental rules on restitution for grave violation of the international humanitarian laws.
At the same time the then-foreign minister of Japan Kono Taro and some members of the ruling Liberal Democratic Party stated ‘the individual right to claim compensations does not extinct’, which was shared in common with the administrations of two countries. But the Abe government overthrew this position and took hostile diplomacy to ROK.
The said administration imposed, in July 2019, the export control order on ROK for semi-conductors and other high-tech items, removing the country in August from the list of the Group A, ceasing Japan’s preferential trade practices. Responding to the measures, ROK announced to the Japanese government to put an end to the GSOMIA=General Security of Military Information Agreement and the ACSA=Acquisition and Cross Servicing Agreement concluded by the two. Thus, the bilateral relations have ushered in the nastiest phase unseen after WWII.
President Yoon attempted to settle the issue of drafted workers through his visit to Japan. His plan was that the Korean foundation would pay compensation money to the victims instead of Japanese companies concerned. The government of Japan did not make any apology again to recover dignity of the victims.
Victims denounced the plan
Representatives of the three surviving plaintiffs expressed their refusal March 13, saying that ‘the plan is against the will of plaintiffs’. An announcement was made March 10 of the result of an opinion poll conducted by the Gallop-ROK, which tells ‘people’s objection to the settlement because of absence of apology and restitution from the Japanese government’, the rate of which recorded 59% of all the replies.
A ‘solution’ denounced by the parties concerned does not work. The Japanese government must stand by the Joint Declaration on Partnership between Japan and Republic of Korea concluded in 1998 to righten the falsified historical perception and end its ‘threatening’ diplomacy to ROK, forcing the counterpart to be defeated.
韓国大法院は２０１８年、日本統治下の戦時中に行われた朝鮮人強制徴用の被害者４人について、日本企業に損害賠償を命じた。内容は、１人当り１億ウォン（約１千万円）を精神的苦痛に対する慰謝料として、被告の新日鉄住友金属に支払えというもの。
また、１９６５年に締結された「日韓請求権協定」で、「個人の損害賠償請求権は消滅していない」とした。
18年11月と12月にも元徴用工11人に対して同様の判決があったが、日本企業も日本政府も賠償に応じず、そのため韓国内の日本企業の資産差押えを裁判所は承認した。
日本政府は、徴用工問題について「日韓請求権協定で解決済み」とする姿勢を頑なにとっている。
国連の基本原則
だが、国連は05年の総会で重大な国際人道法違反の救済と賠償に関する基本原則を採択している。
また、18年11月には当時の河野太郎外相や自民党内から「個人に対する請求権は消滅していない」とする発言もあり、日韓両国の共通認識でもあったが、安倍政権はこれを覆し、韓国への恫喝外交を続けてきた。
安倍政権は、19年７月に半導体などの輸出規制、８月には貿易優遇措置の「ホワイト国」のリストから韓国を除外した。これに対し、韓国は両国間の「軍事情報包括保護協定」（ＧＳＯＭＩＡ）と、物品役務相互提供協定（ＡＣＳＡ）の終了を通告するなど、日韓関係は「戦後最悪」となった。
尹氏は訪日で事態打開へ「徴用工」問題の解決を図ろうとした。提案は日本企業の賠償支払いを韓国の財団が肩代わりし、元徴用工の尊厳回復のための日本政府の新たな「お詫び」はなかった。
元徴用工は拒否
「解決策」について存命中の原告３人の代理人は３月13日、「原告の意思に反する」として拒否する意思を示した。また、韓国ギャラップが３月10日発表した国内世論調査結果は「日本の謝罪と賠償がなく反対」が59％を占めた。
当事者が受けいれない「解決策」はあり得ない。日本政府は、１９９８年の「日韓パートナーシップ共同宣言」に立ち返り、歴史認識の改ざんを改め、韓国に屈服を求める、「恫喝」外交をやめるべきだ。
英訳版↓
No. 1301 ‘Solutions’ for Wartime Forced Laborers
President of Republic of Korea Yoon Suk-yeol visited Japan for the first time March 16-17 to have a summit meeting with Prime Minister Kishida Fumio. His objective was to ‘normalize’ the ‘worst-ever’ bilateral relations which have soured for recent years. The major issue was on the workers drafted by the Japanese authority before and during the war.
RETURN TO THE 1998 JOINT DECLARATION!
The Supreme Court of Republic of Korea ordered in 2018 the Japanese companies to pay compensations to the four Korean workers who had been conscripted during the war when the Asian country was reigned by the Japanese colonialist governments. It requested the defendant, Nippon Steel & Sumitomo Metal Corporation, to pay 100 million Won (approximately \10 million) per person as compensation money for the mental sufferings.
Simultaneously the supreme court said that ‘the personal right to demand compensations for damages is not extinguished’, which is stipulated in the Agreement between Japan and Republic of Korea concerning the Settlement of Problems in regard to Property and Claims and Economic Cooperation concluded in 1965.
Similar rulings were given in November and December in 2018 for eleven Korean victims, but either Japanese companies or the government did not respond rightly to the court orders. Meanwhile, the Korean courts approved to confiscate assets of the Japanese companies involved which station in ROK.
The Japanese government adamantly maintains the stance that the issue of wartime forced laborers was ‘settled by the 1965 Agreement’.
Fundamental rules of the United Nations
The United Nations, however, in the 2005 general assembly it adopted a resolution of the fundamental rules on restitution for grave violation of the international humanitarian laws.
At the same time the then-foreign minister of Japan Kono Taro and some members of the ruling Liberal Democratic Party stated ‘the individual right to claim compensations does not extinct’, which was shared in common with the administrations of two countries. But the Abe government overthrew this position and took hostile diplomacy to ROK.
The said administration imposed, in July 2019, the export control order on ROK for semi-conductors and other high-tech items, removing the country in August from the list of the Group A, ceasing Japan’s preferential trade practices. Responding to the measures, ROK announced to the Japanese government to put an end to the GSOMIA=General Security of Military Information Agreement and the ACSA=Acquisition and Cross Servicing Agreement concluded by the two. Thus, the bilateral relations have ushered in the nastiest phase unseen after WWII.
President Yoon attempted to settle the issue of drafted workers through his visit to Japan. His plan was that the Korean foundation would pay compensation money to the victims instead of Japanese companies concerned. The government of Japan did not make any apology again to recover dignity of the victims.
Victims denounced the plan
Representatives of the three surviving plaintiffs expressed their refusal March 13, saying that ‘the plan is against the will of plaintiffs’. An announcement was made March 10 of the result of an opinion poll conducted by the Gallop-ROK, which tells ‘people’s objection to the settlement because of absence of apology and restitution from the Japanese government’, the rate of which recorded 59% of all the replies.
A ‘solution’ denounced by the parties concerned does not work. The Japanese government must stand by the Joint Declaration on Partnership between Japan and Republic of Korea concluded in 1998 to righten the falsified historical perception and end its ‘threatening’ diplomacy to ROK, forcing the counterpart to be defeated.
April 5, 2023