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during the War. Numerous victims have called the hotline to report their experience as a comfort woman as well as a forced laborer under the Korean Women's
Volunteer Labor Corps. On November 14, 1992, the power of attorney was given to Korean-Japanese lawyer Lee Park-Sung, and Japanese lawyer Yamazaki Yoshio. On December 25, 1992, a formal complaint was made against the Japanese government marking the beginning of the Shimonoseki Trial. The plaintiffs sued the Japanese government for a formal apology as well as 286,000,000 Japanese Yen as compensation. The formal complaint was made through the Shimonoseki Branch of the Yamaguchi Prefectural Court since Shimonoseki was the site where most of the victims landed before being shipped off to other locations into the forced labor and the comfort women system.
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had to financially compensate survivors of the comfort women system. Despite the original demands for 564,000,000 yen and a formal government apology from Japan, Japan's initial response up until this point of the trial was to refuse official compensation or state apologies, and would typically only offer surviving comfort women privately-raised funds. Hideaki
Chikashita, presiding judge for the Shimonoseki hearing, originally expressed regret and remorse for Japan's role in the comfort women system. Still, the court ended up turning down any demands for a government-issued official apology as they felt they had "no obligation".
258:. The explanation for this was that although the circumstances that the Comfort Women experience violated the Japanese Constitution by violating the "dignity of individuals" and was incredibly violent and depersonalizing, these events occurred prior to the official implementation of the Japanese Constitution and therefore shouldn't be applied to this trial without exceptional means. Instead, it was suggested that the Yamaguchi Prefectural Court examine the violence enacted upon the victims after the implementation of the Japanese Constitution.
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payment is complete in full. Additionally, the court also deemed any other claims or requests from the
Plaintiffs officially dismissed. Lastly, the division of litigation expenses for the Plaintiffs was split two ways: the Plaintiffs were ordered to pay one-third while the Defendant would pay two-thirds. Additionally, the Defendant had to pay its own expenses entirely, and any other litigation costs were to be paid by the party that sustained those expenses. The remainder of the appeal, however, lacked legal basis and was therefore dismissed.
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context, additionally with increased protections for collections of evidence and testimony of any witnesses in gender-based violence and sexual slavery. This resolution further calls for all member-states to implement and enforce legislation that incorporates international criminal legal perspectives into their national law systems to allow for comprehensive prosecution measures for acts of sexual violence committed during armed conflicts and wartime settings.
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comfort women and the immense pain they suffered, and as survivors grew more comfortable in sharing testimonies, international organizations like the United
Nations began to look at the legal circumstances of classifying rape as a "legitimate war crime" and began devising ways to promote furthered accountability moving forward. On August 26, 1999, the
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Violence (including sexual violence) against women was originally seen as a "by-product" of any armed conflict, and was considered to be rewarding to those successful amidst the conflict rather than a serious crime. But, as the
Shimonoseki Trial of 1998 brought attention and awareness to the issue of
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To counter efforts on the
Japanese government's end to diminish the voices of Korean comfort women, many more NGOs were created to provide support in various ways. The Korean Council for Women Drafted for Military Sexual Slavery by Japan, led by activist Yun Chung-ok, was a loud voice in the activist
202:
The
Defendant pays 110 million yen to the Plaintiffs Ha Sun-nyo, Park Tu-ri, and Lee Sun-dok, 33 million yen to Plaintiffs Yu Chan-i, Park So-duk, Park Sun-bok, Lee Yong-son, Kang Yong-jyu, Chong Su-ryon, and Yang Kum-dok, plus 5% interest on the awards from February 23, 1993 until the payments to Ha
291:
Following the events of the
Shimonoseki Trial, the South Korean government furthered their efforts in preserving the history and memory of the comfort women. Civil society non-profit groups played an essential part in amplifying victim's voices and advocating for justice. Even before the Shimonoseki
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Before the
Shimonoseki trial, the Japanese government was consistently hesitant to make any type of extensive apology for their leading role in the harm of thousands of South Korean comfort women during World War II. This case is significant as it was the first time ever that the Japanese government
166:
were not properly compensated nor publicly discussed. South Korea being a socially conservative country and the issue of sexual violence being a sensitive topic made it difficult for the victims of the comfort women system to speak on their experiences as sex slaves under the
Japanese colonial rule.
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in July 1995, as a way to support non-governmental organizations focusing on women's issues. The Asian Women's Fund offered consolation money to the comfort women victims as means of atonement for Japan's past acts. However, this money was not a method of compensation paid in recognition of a legal
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for the pain and suffering that was imposed on the Plaintiffs and other Korean comfort women, as well as for any suffering inflicted from the Japanese annexation of the Korean Peninsula, Imperial Japan's utilization and forced mobilization of Korean peoples during World War II, and for Japan's lack
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admitting that the comfort women system was the fault of the Japanese government. The initial ruling made by the Shimonoseki Branch of the Yamaguchi Prefectural Court on April 27, 1998 marked an end to the nearly six year-long battle in the Prefectural Court that started on December 25, 1992 ruling
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As part of their defense claims, the Japanese government held themselves unaccountable under state doctrine, claiming that any possible rights that the plaintiffs may have had were now expired under the Japanese Civil Code's Statute of Limitations. In addition, the Japanese Government attempted to
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Kim Moon-sook, the chairwoman of the Busan Women's Entrepreneur Association, was one of the activists inspired by the wave of activism for comfort women victims. On October 19, 1991, Kim opened a hotline for comfort women victims in the region to call and report their experiences as comfort women
249:
in a different lawsuit in 1999. In three relevant cases that are currently pending in high courts, lower courts favored the State, whereas five other cases are still being reviewed by district level courts and the Japanese government must keep the courts and relevant committees informed of these
231:
Upon conclusion of this trial, there were three official outcomes. First, the Japanese government was ordered to pay 300,000 yen each to Plaintiffs Ha Sun-nyo, Park Tu-ri, and Lee Sun-dok, as well as approximately 5% of the interest on the preceding judgment made on September 1, 1992, until the
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subcommission created a resolution titled "1999/16" on Systematic Rape, sexual slavery, and slavery-like practices that refers to the McDougall report and encourages increased attention to protecting and rehabilitating victims of sexual violence like the South Korean comfort women in a wartime
303:
The consensus South Korean reaction to the development of the Asian Women's Fund by the Japanese government was that the Fund was a "devious ploy" whose "atonement monies" did not truly address the legal responsibility of the Japanese government and that therefore was not a form of official
244:
Additionally, the Japanese government appealed the decision that they must pay three of the Plaintiffs to the Hiroshima High Court in May 1998, and the appeal is currently under investigation. The Japanese government explained that the reason for the earlier ruling was rejected by the
203:
Sun-nyo, Park Tu-ri, Yu Chan-i, and Park So-duk were finished; from March 8, 1994 until payments to Park Sun-bok, Lee Yong-son, Kang Yong-jyu, Chong Su-ryon and Lee Sun-dok were finished; and from April 19, 1994 until payment to Yang Kum-dok was finished,
206:
The Plaintiffs proposed an alternate request for the Defendant instead of option 2 if need be: the Defendant pays Plaintiffs Ha Sun-nyo, Park Tu-ri, and Lee Sun-dok 1 million yen plus 5% interest on the judgement from June 21, 1994 until payments were
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During the Second World War, approximately 80,000-200,000 Korean comfort women and 50,000-70,000 forced laborers of the Korean Women's Volunteer Labor Corps were coerced and recruited into the Japanese war efforts. After the war, these victims of the
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on March 25, 2003. It upheld the Appeals Court of Hiroshima's ruling rejecting the ruling of the Prefectural Court and denying financial compensation for the plaintiffs while acknowledging the reality of the comfort women system and its victims.
72:
Plaintiff favored; Defendant to pay 3 of 10 Plaintiffs 300,000 yen and 5% interest on the judgement from September 1, 1992 until payment is complete; all other demands from Plaintiffs dismissed; Litigation expenses for Plaintiffs to pay
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and the Japanese Government from 1992 to 1998. The trial marked the first-ever lawsuit against the Japanese government by Korean victims of the comfort women and forced labor systems within the Japanese legal system and resulted in the
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To build on this, the government felt they did not exercise the "moral duty of the state" that the Plaintiffs originally stated. The reasoning for the lack of a legal duty to formally apologize and compensate victims is based on the
26:
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Laws applied: Japanese Constitution Preamble, Article 9, Article 13; Civil Law-Suit Act Article 61, Article 64, Article 65; State Liability Act Article 1-1, Article 4; State Indemnification Act; Civil Law Act Article
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732:"Seeking Justice for Comfort Women: Without an International Criminal Court, Suits Brought by World War II Sex Slaves of the Japenese Army May Find Their Best Hope of Success in U.S. Federal Courts"
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Trial began, one of the most potent displays from South Korean civil society groups, surviving comfort women, and other NGOs and individuals has been the weekly
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played no role in complacency in the appropriation of women for sexual purposes so, therefore, they didn't feel they bore any type of legal fault.
135:
351:
630:
Okada, Taihei (1 January 1999). "The "Comfort Women" Case: Judgement of April 27, 1998, Shimonoseki Branch, Yamaguchi Prefectural Court, Japan".
787:
752:"Systematic rape, sexual slavery and slavery-like practices" (26 August 1999). Office of the High Commissioner for Human Rights.
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compensation to the victims of the comfort women system, despite its intentions to compensate for Japan's moral responsibility.
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held a public conference to speak on her experience as a comfort woman as South Korea started to democratize in the 1990s.
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Busan Military Comfort Women and Women's Volunteer Labor Corps Official Apology Lawsuit (้ๅฑฑๅพ่ปๆ
ฐๅฎๅฉฆใปๅฅณๅญๅคๅดๆบ่บซ้ๅ
ฌๅผ่ฌ็ฝช็ญ่ซๆฑ่จด่จ))
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767:
577:"The "Comfort Women" Case: Judgement of April 27, 1998, Shimonoseki Branch, Yamaguchi Prefectural Court, Japan"
554:"The "Comfort Women" Case: Judgement of April 27, 1998, Shimonoseki Branch, Yamaguchi Prefectural Court, Japan"
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When this suit was filed, the Plaintiffs, ten former South Korean comfort women, presented five demands:
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sphere in support of Korean comfort women as they were outraged by Japan's initial position that their
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duty from the Japanese government and was typically officiated through private over public means.
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The Declaration requested by the Plaintiffs should be in the form of a conditional security waiver
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368:
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Statue commemorating comfort women at the Korean Society of Victoria, Melbourne, Australia
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Ward, Thomas J.; Lay, William D. (2016). "The comfort women controversy: Not over yet".
352:"Historic lawsuits related to Japanese military sexual slavery before and during WWII"
300:(KCWDMSS) that have taken place in front of the Japanese embassy in Seoul since 1992.
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evade responsibility for their crimes against "Comfort Women" by establishing the
712:
Wakabayashi, Bob T. (2003). "Review: Comfort Women: Beyond Litigious Feminism".
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Wakabayashi, Bob T. (2003). "Review: Comfort Women: Beyond Litigious Feminism".
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Rally in support of comfort women outside of the Japanese Embassy in Seoul, 2011
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All litigation expenses should be paid by the Plaintiffs, not by the Defendant
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The Korean Council for the Women Drafted for Military Sexual Slavery by Japan
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of costs, Defendant to pay the remainder in addition to their own legal fees.
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in favor of the plaintiffs. The final ruling of the case was made by the
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Comfort woman statue located outside of the Japanese Embassy in Seoul
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Declaration of provisional execution for the second and third demands
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The Defendants responded to the Plaintiff's claims in three points:
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The "Comfort Women" Issue. (2009) NGO Shadow Report to CEDAW.
384:"Comfort women: South Korea's survivors of Japanese brothels"
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All of the Plaintiff's claims are subject to be dismissed
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474:"[ํด๋จผn์คํ ๋ฆฌ] "๋ด ๋์ด 92์ด, ๊ทธ๋ฌ๋ ์ผ๋ณธ์ด ์ฌ์ฃํ ๋๊น์ง ๋ฉ์ถ ์ ์๋ค""
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Shimonoseki Branch of the Yamaguchi Prefectural Court
602:"'Comfort women' secure historic courtroom victory"
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650:"Review: Comfort Women: Beyond Litigious Feminism"
419:: CS1 maint: bot: original URL status unknown (
190:The Defendant officially apologizes in both the
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401:. Archived from the original on 19 June 2020
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783:Sexual violence in Asia during World War II
736:North Carolina Journal of International Law
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371:. Women's Human Rights Institute of Korea.
354:. Education for Social Justice Foundation.
210:The Defendant pays all litigation expenses
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126:was a legal trial between three Korean
680:"22 Years of Wednesday Demonstrations"
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196:General Assembly of the United Nations
778:Violence against women in South Korea
331:UN High Commissioner for Human Rights
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632:Washington International Law Journal
581:Washington International Law Journal
558:Washington International Law Journal
136:Korean Women's Volunteer Labor Corps
64:Presiding Justice: Hideaki Konoshita
532:"6๋
๊ด๋ถ์ฌํ, ์ญ์ฌ์ ์ฑ
์์ ๋ฌผ์๋ ์ธ๊ถํ๋๊ฐ '๊น๋ฌธ์'"
16:Legal trial on comfort women issue
14:
575:Okada, Taihei (1 January 1999).
552:Okada, Taihei (1 January 1999).
530:Shim, Ok-joo (6 November 2021).
472:Son, Hyeong-joo (5 April 2019).
382:Williamson, Lucy (29 May 2013).
730:Vanderweert, Susan J. (2001).
397:Jo, Min-geun (26 April 2005).
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111:้้่ฃๅค, ้ๅฑฑๅพ่ปๆ
ฐๅฎๅฉฆใปๅฅณๅญๅคๅดๆบ่บซ้ๅ
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788:Japanese war crimes in Korea
648:Wakabayashi, Bob T. (2003).
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409:– via Archive Today.
294:"Wednesday" Demonstrations
20:Shimonoseki Trial, 1992โ98
451:10.1007/s12140-016-9260-z
399:"์ด์ํ "๊ตญ์ฌ๊ต๊ณผ์์ ์ผ์ ์ํ์์ ์ ํ""
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145:Japanese judicial system
31:Chairwoman Moon-sook Kim
199:of post-war reparations
682:. KBS. 12 August 2014.
492:"ๆฅ ๋ณํธ์ฌ ์์ก์์ ์ ์ ๋ ๋ถ์ฐ๋์ฑ
ๅ"
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316:International response
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164:Japanese colonial rule
150:Supreme Court of Japan
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271:South Korean response
256:Japanese Constitution
182:Rationale and rulings
170:On August 14, 1991,
714:Monumenta Nipponica
697:Monumenta Nipponica
654:Monumenta Nipponica
519:. 26 December 1992.
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668:– via JSTOR.
498:. 1 December 1992.
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264:Asian Women's Fund
130:victims and seven
91:Majority Unanimous
48:Shimonoseki, Japan
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513:"๋์๋์งํธ์์นด์ด๋ธ"
496:Busan Daily
478:Yunhap News
172:Kim Hak-sun
118::
762:Categories
660:(2): 251.
445:(4): 257.
338:References
250:lawsuits.
157:Background
742:(1): 142.
459:151701804
439:East Asia
207:finished.
703:(2): 230
666:25066215
587:(1): 65.
564:(1): 64.
415:cite web
405:17 March
296:held by
194:and the
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88:Verdict
78:⁄
69:Outcome
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386:. BBC.
116:Korean
662:JSTOR
517:Donga
455:S2CID
140:Busan
37:Venue
536:์ฌ์ฑ์ ๋ฌธ
421:link
407:2023
369:"์ฐํ"
121:๊ด๋ถ์ฌํ
103:The
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