Korea's Court Denies Japan's State Immunity Again?

초록

On November 23, 2023, the Seoul High Court issued a ruling excluding Japan's state immunity and fully accepting the claims of Japanese military 'comfort women' victims, following the one made by the Seoul Central District Court to the same effect on January 8, 2021. The rulings of the Korean courts are groundbreaking, contributing to the establishment of customary international law by clearly declaring that state immunity does not apply when a sovereign act of the state constitutes a serious violation of human rights, and furthermore, when it constitutes a tort. The Korean courts' rulings in turn reflect the international community's legal judgment regarding Japanese military 'comfort women' over the past 30 years. The Japanes government did not respond to the lawsuits at all and condemned the rulings as violating international law, claiming state immunity. However, the Japanese government's condemnation is just a self-contradiction, as it enacted an act embodying the customary international law that foreign countries are not exempt from jurisdiction over cou proceedings in case of torts.

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