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Asia Pacific | South Korean Court Sides With Japan in Wartime Sexual Slavery Case
South Korean Court Sides With Japan in Wartime Sexual Slavery Case
Published April 21, 2021 Updated April 23, 2021
The decision contradicted an earlier court ruling in South Korea that said the Japanese government must compensate so-called comfort women.
SEOUL — A judge in South Korea ruled on Wednesday that Korean women who were forced into sexual slavery by Japan during World War II cannot seek compensation from the Japanese government in a South Korean court, a decision that angered survivors and contradicted an earlier ruling in January.
In the earlier verdict , the presiding judge ordered the Japanese government to pay 100 million won ($89,400) each to 12 former Korean sex slaves, known as “comfort women.”
The two different decisions by two different judges in the Seoul Central District Court complicated the survivors’ decades-long effort to hold the Japanese government legally accountable for wartime sexual slavery . The two rulings also showed that the South Korean judiciary was divided over Japan’s claim that international law shielded it from lawsuits in foreign courts.
In January, the South Korean judge ruled that the Japanese government should be subject to Korean jurisdiction because the experience of Korean sex slaves involved “anti-humanity acts systematically planned and perpetrated by the Japanese Empire.” For such acts, Japan cannot claim exemption from a lawsuit in South Korea based on state sovereignty, he said.
The group of women in that case hailed the judge’s decision as a landmark victory, but Tokyo rejected the ruling. It also said that a 2015 agreement , which South Korea and Japan called “final and irreversible,” permanently settled the long-running dispute over comfort women . Previously, in a 1993 statement , Japan issued a formal apology for the practice.
On Wednesday, a different South Korean judge, Min Seong-cheol, sided with Japan and threw out the lawsuit filed by a separate group of former sex slaves. If courts start making exceptions to the principle of national sovereignty, “diplomatic clashes become inevitable,” the judge said in his ruling. Mr. Min also cited the 2015 agreement , under which Japan acknowledged responsibility for its actions, apologized anew to the women and set up an $8.3 million fund to help provide old-age care for survivors.
Some of the surviving women have accepted payments from the 2015 fund. Others rejected the agreement, saying that it failed to specify Japan’s “legal” responsibility or to provide official reparations. The lawsuit thrown out on Wednesday was filed in 2016 by 20 plaintiffs, including 11 former sex slaves. Only four of the 11 are still alive, and all of them are in their 80s or 90s.
Neither the ruling in January nor the one on Wednesday is the final say on the matter. The plaintiffs in the second lawsuit said they would seek the opinion of higher courts by appealing Wednesday’s decision.
“It will go down in history as a shameful case where the judge shirked his duty as a last bastion of human rights,” said an advocacy group in Seoul that speaks for the women who filed the lawsuit. Lee Yong-soo, a former sex slave who joined the lawsuit, accused the judge of denying the victims “the right to seek judgment on war crimes and anti-humanity crimes,” according to a statement from her spokeswoman. Ms. Lee also demanded that both governments ask the International Court of Justice to rule on the case.
“Comfort women” is the euphemism Japan adopted for the nearly 200,000 young women — many of them Korean — who were forced or lured into working in brothels run by the Japanese military before and during World War II. Over the last 30 years, survivors from South Korea, Taiwan, the Philippines, China and the Netherlands have filed a total of 10 lawsuits against the Japanese government in Japanese courts, according to Amnesty International.
The survivors lost in all of those cases before winning their case in the South Korean court in January.
“What was a landmark victory for the survivors after an overly long wait is again now being called into question,” Arnold Fang, a researcher for East Asia at Amnesty International, said in criticizing Wednesday’s court decision. “More than 70 years have passed since the end of World War II, and we cannot overstate the urgency for the Japanese government to stop depriving these survivors of their rights to full reparation and to provide an effective remedy within their lifetimes.”
In Tokyo, Katsunobu Kato, the chief cabinet secretary to Prime Minister Yoshihide Suga, said the Japanese government planned to review the ruling in detail before commenting on it. He added that his government could not answer whether the new decision reflected a change in South Korea’s stance on the issue, but that “Japan’s attitude doesn’t change at all.”
Washington has urged Seoul and Tokyo to improve ties so that the allies can work more closely to address North Korea’s nuclear threat and China’s growing military influence in the region. For years, Japan and South Korea have locked horns over comfort women and other historical issues stemming from Japan’s colonial rule of Korea from 1910 to 1945.
Tokyo insisted that all claims arising from its colonial rule, including those involving sexually enslaved women , had been settled by the 1965 treaty that established diplomatic relations between the two nations, as well as the 2015 comfort women agreement. Under the 1965 agreement, Japan provided South Korea with $500 million in aid and affordable loans.
The South Korean government did not immediately comment on Wednesday’s court ruling. But during a forum in Seoul on Wednesday, Foreign Minister Chung Eui-yong said that although his government had not abandoned the 2015 deal, the victims and their demands must be “at the center” of any effort to resolve the issue.
Hisako Ueno contributed reporting from Tokyo.

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BATTERED and bleeding, 15-year-old Lee Ok-Seon lay sobbing on a threadbare blanket on the floor of a dingy cubicle as a queue of rowdy Japanese soldiers waited in line to rape her.
Abducted off the street while running an errand in her home town of Ulsan, in July 1942, Lee was taken hundreds of miles to China and held captive in a Comfort Station - where she was forced to have sex with up to 50 soldiers a day.
If she refused, she was beaten, cut with knives and threatened with murder - even being forced to watch as a 14-year-old was hacked to death in front of her as an “example.”
But her shocking story is not unusual. It’s estimated that, from 1932 to 1945, between 50,000 and 200,000 women were forced into military brothels in Japan and its occupied territories and used as sex slaves.
The “comfort women” - some as young as 13 - were mostly Koreans, but also Chinese, south-east Asians and a small number of Japanese and Europeans.
Starved, raped and tortured by their captors, many were left infertile by violent abuse and brutal STI treatments where mercury and hot iron bars were used.
Those who tried to escape were often murdered in front of the other girls, with one survivor testifying that the soldiers ordered them eat the boiled flesh of a decapitated victim.
Many of the women took their secrets to the grave, ashamed of their past. But in 1991, South Korean Kim Hak-soon, became the first to speak out saying: "We must record these sins that were forced upon us.”
Lee, now 93, was exiled from her home in South Korea for 55 years but has now returned and lives with five other survivors in the House of Sharing, a care home and living museum which highlights the ordeals of the country’s comfort women.
Now, 75 years after the allies' victory in Japan led to the release of the women, she tells the Sun she is still fighting for justice against a country which continues to deny its history.
“The Japanese government does not accept yet our demands for an official apology and legal compensation” she says.
“The prime minister of Japan, Shinzo Abe is one of the revisionists in Japan who are denying Japanese war time history and war crimes.
“He does not recognize that we were forced to be sexual slaves by Japan during the war.”
The second child of six children, growing up in Japanese-occupied Korea, Lee dreamed of becoming a scientist but her family were too poor to send her to school.
At 15, she took a job at an inn in the local town to help make ends meet. By this time Japan, which had annexed Korea since 1910, had joined Germany and Italy in the Second World War against the British and US allies.
On the night of July 29, 1942, after being sent out on an errand, Lee was grabbed from behind by both wrists and two men, one Korean and one Japanese, dragged her screaming to Ulsan station and threw her onto a train, packed with other girls.
After days of travel, with no food or water, the terrified teenager arrived in Jilin, in China, which had been invaded by Japan in 1937, and was taken to a Japanese army airfield.
“I remember the airfield was surrounded with electric barbed wires so that we could not escape,” she says. “There we did chores like pulling weeds from runways, but the jobs were unbearably hard for a 15-year-old girl and I refused.”
Little did she know but much worse was to come. Angry at her defiance, military personnel transferred her to “Dai-ichi Ianjyo” - or Comfort Station No.1 - in the city.
The Comfort Station in Jilin - one of an estimated 400 throughout China and Southern Asia - was a small house with a long corridor leading to numerous tiny wooden cubicles, barely big enough to spread out a single blanket.
As a Korean, Lee was among those treated the worst by the childless Japanese couple who ran it, left starving by what she calls the “discrimination of rations.”
“The Japanese ate white rice served with meat and we Koreans were allowed to eat only mixed grains and shrivelled vegetables,” she says. “I always felt so hungry.”
In the long corridors outside each cubicle, soldiers lined up to take their turn, often shouting “quickly” through the door at whoever was inside.
During the week, Lee says, there would be “only a few” soldiers but at the weekend the number swelled to 40 or 50 a day.
“If we refused to accept soldiers they threatened us by cutting our bodies with military swords,” she says.
“Or they hit us down to the ground. Some soldiers didn’t use condoms and I was afraid of STIs so one day I tried to escape the Comfort Station but I was captured immediately and brought back.
“A Military Policeman beat me up and threatened to chop my toes off so that I could not escape again.
“You can still see some of the scars he made on my foot and toes with his sword.”
A 14-year-old girl was killed by soldiers in front of us because she refused them.
Some of the girls who dared to refuse a soldier’s advances were tortured and murdered in front of the others, as an example.
“A 14-year-old girl was killed by soldiers in front of us because she refused them.
“She was slashed to her breast with swords and stabbed to death. I believe she was punished as a lesson for the rest of us.
“Life in the comfort station was unbearable for the women. Some committed suicide by drowning or hanging.”
Chong Ok-sun, was 13 when she was abducted by a Japanese soldier from her home in South Hamgyong Province, in the north of the Korean peninsula while her parents worked in the field.
She was bundled into a truck and taken to a local police station where she was raped by several policemen.
“When I shouted, they put socks in my mouth and continued to rape me,” she later testified.
“The head of the police station hit me in my left eye because I was crying. That day I lost my eyesight in the left eye.”
After ten days in a cell, she was taken to a Japanese army barracks in Heysan City where she was one of around 400 Korean ComfortWomen.
“We had to serve over 5,000 Japanese soldiers as sex slaves every day - up to 40 men per day,” she said.
“Each time I protested, they hit me or stuffed rags in my mouth. One held a matchstick to my private parts until I obeyed him. My private parts were oozing with blood.”
When one girl questioned her treatment, the company commander, Yamamoto ordered her to be beaten with a sword.
“While we were watching, they took off her clothes, tied her legs and hands and rolled her over a board with nails until the nails were covered with blood and pieces of her flesh.
“In the end, they cut off her head.”
The commander then told his soldiers, "since those Korean girls are crying because they have not eaten, boil the human flesh and make them eat it."
Yamamota told them the girls were “easier to kill than dogs” and the cruelty of the soldiers knew no bounds.
“Once they took 40 of us on a truck far away to a pool filled with water and snakes,” said Chong.
“The soldiers beat several of the girls, shoved them into the water, heaped earth into the pool and buried them alive.
“I think over half of the girls who were at the garrison barracks were killed.”
Sexually transmitted disease was rife in the Comfort Stations, with many of the soldiers refusing to wear condoms.
The girls were given regular shots of “No. 606” - a syphilis cure which contains high doses of arsenic.
“Even mercury was applied to our private area,” says Lee. “Which left me unable to give birth.”
In her 1996 testimony Chong said one Korean girl caught a venereal disease and infected 50 soldiers.
“In order to stop the disease from spreading and to ’sterilize’ the Korean girl, they stuck a hot iron bar in her private parts,” she said.
As well as suffering from diseases, women often fell pregnant and were forced to have abortions.
Hwang Kum-Ju was 17 when she was conscripted to work in a Japanese weapons factopry but after three years there she was taken to a tent by a soldier who cut off her clothes with a bayonette before raping her.
She was then forced into a Comfort Station where she initially served high-ranking soldiers but, as she became “more used”, she was handed over to the lower ranks.
“I became pregnant on at least three occasions,” she said. “The first time I only realized it when I was in the third month of my pregnancy.
“We used to be given a strong injection called 606 for prévention of venereal disease. However, that injection must have been too strong because I had a miscarriage.
“The second and third time I had to be taken to the army hospital and an abortion was performed on me.”
While few of the women escaped the camps before Japan’s defeat, in 1945, Chong Ok-sun did manage to get away - but barely alive.
“Twice I tried to run away, but both times we were caught after a few days,” she said.
“We were tortured even more and I was hit on my head so many times that all the scars still remain.
“They also tattooed me on the inside of my lips, my chest, my stomach and my body. I fainted.
“When I woke up, I was on a mountainside, presumably left for dead.”
Chong and another girl were found by a man who lived on the mountains, along with the body of a third.
The stranger gave them food and clothes, and helped them travel back to Korea.
“I returned, scarred, barren and with difficulties in speaking, at the age of 18, after five years of serving as a sex slave for the Japanese,” she said.
For Lee, liberation only came when the war ended, and Japanese soldiers fled the barracks in China.
“Nobody told us that the war was over in August 1945,” she says. “The owner couple ran away without telling us and one day, a soldier came to us and said, ‘What are you doing here? You are free. Leave here right now or you will die!’
With no money and no idea how far they were from home, the Korean girls didn’t know what to do.
“The soldier asked us to follow him into the mountain behind the comfort station to escape. I saw the whole city on fire while we were going up into the mountain,” she says.
“He told us that he had to go down to the city to bring us some food and left us in the mountain. But he never came back to us again.
“I believe he intended to abandon us concealing their crimes.”
Disorientated and alone, Lee lived on the streets in China and didn’t return to Korea for 55 years, consumed with the shame that was so common among the victims of this shocking war crime.
“How could I have gone home?” she says. “ It was written on my face that I was a comfort woman. I could have never looked my mother in the eyes again."
Lee married a man of Korean descent and, while she couldn;t have children, she brought up her husband’s two children and now has two grandsons, who she adores.
In the 1990s, when the truth of the atrocities began to be public, Lee began to tell her story and in 2000, she finally moved back to Korea where s
https://www.nytimes.com/2021/04/21/world/asia/korea-comfort-women-japan.html
https://www.the-sun.com/news/1207199/comfort-women-kidnapped-raped-japanese-soldiers/
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