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Court rejects petition on 1965 deal between S. Korea, Japan

December 23, 2015

Bereaved families of Korean citizens forced into labor during the Japanese occupation of the Korean Peninsula (1910-45) express their disappointment with a decision made by the Constitutional Court in front of the courthouse in central Seoul, Wednesday. The court rejected a petition to review the constitutionality of the 1965 agreement between Japan and Korea regarding compensation for Koreans forced into wartime labor. (Yonhap)

SEOUL (Yonhap) — The Constitutional Court Wednesday refused to hear a petition on the constitutionality of the 1965 deal that Japan claims settled all issues of individual compensation to victims of forced labor during Japan’s colonial rule of Korea.

The petition was filed by a South Korean woman whose father was drafted as a forced laborer during Japan’s 1910-45 colonial rule of the Korean Peninsula.

Lee Yoon-jae filed the petition in November 2009 when a local court dismissed her demand to nullify a government’s decision to compensate 11.6 million won (US$9,800) for her father, using the exchange rate of 2000 won per 100 yen at the time.

Lee said the calculation is not fair as it does not reflect the current value of the money and that the pact restricts individuals’ right to assert their property rights.

The Constitutional Court, however, said the constitutionality of the bilateral Claims Settlement Agreement would not have an impact on the separate legal case and added that the calculation is constitutional.

“(The calculation) reasonably reflects the currency value based on the growth rate of consumer price and the exchange rates,” it said.

Japan claims that the deal, signed to normalize their diplomatic relations, settled all issues of compensation to victims of forced labor during Japan’s colonial rule.

Under the pact, Tokyo paid US$500 million to Seoul with an attached clause declaring that with the payment all compensation claims are “completely and conclusively” resolved.

The accord has been cited by South Korean and Japanese courts to reject petitions and damage suits filed by South Koreans seeking reparations for unpaid salaries and other losses.

Earlier in the day, South Korean Foreign Minister Yun Byung-se expressed hope for a “wise” verdict by the Constitutional Court.

“What’s important is that the Constitutional Court will make a ruling independently. (I) expect a wise decision,” Yun said at a forum hosted by a group of broadcast journalists.

He pointed out that the ruling is not just a domestic issue any more, as the international community is paying keen attention to it.