Page:Background and Position of the Government of Japan Concerning the Issue of Former Civilian Workers from the Korean Peninsula (FACT SHEET).pdf/1

 Background and Position of the Government of Japan Concerning the issue of former civilian workers from the Korean Peninsula (FACT SHEET)


 * 1) Japan and the Republic of Korea have built a close, friendly and cooperative relationship based on the Treaty on Basic Relations between Japan and the Republic of Korea and other relevant agreements that the two countries concluded when they normalized their relationship in 1965. The Agreement on the Settlement of Problems concerning Property and Claims and on Economic Co-operation between Japan and the Republic of Korea (hereinafter referred to as "the Agreement"), which is the core of these agreements, stipulates that Japan shall supply to the Republic of Korea 300 million USD in grants and extend loans up to 200 million USD (Article I), and that the problem concerning property, rights and interests of the two Contracting Parties and their nationals (including juridical persons) as well as concerning claims between the Contracting Parties and their nationals is "settled completely and finally," and no contention shall be made thereof (Article II). In addition, during the time of negotiation on the Agreement, the Republic of Korea proposed the "Outline of the Claims of the Republic of Korea against Japan" consisting of eight items including accrued wages, compensation and other claims of the requisitioned Koreans. Furthermore, during the negotiations, the Republic of Korea gave explanations that it demands general compensation on requisitioned workers and that such compensation means compensation for psychological and physical pain of requisitioned workers. In addition, according to the Agreed Minutes to the Agreement on the Settlement of Problems concerning Property and Claims and on Economic Co-operation between Japan and the Republic of Korea, "problem concerning property, rights and interests &hellip; and concerning the claims &hellip;, which is settled completely and finally &hellip;, includes any claim falling within the scope of the "outline of the Claims of the Republic of Korea against Japan" (the so-called "Eight Items"), and &hellip; therefore, no contention can be made with respect to the above mentioned Outline of the Claims of the Republic of Korea against Japan.


 * 1) The Supreme Court of the Republic of Korea rendered a judgment against Nippon Steel & Sumitomo Metal Corporation (current Nippon Steel Corporation) on 30 October 2018 as well as two judgments against Mitsubishi Heavy Industries, Ltd., on 29 November 2018. By these judgments, the Supreme Court confirmed the lower court judgments that ordered those respondent companies, inter alia, to pay compensation to the plaintiffs concerning the issue of former civilian workers from the Korean Peninsula. These judgments clearly violate Article II of the Agreement and inflict unjustifiable damages and costs on the said Japanese companies. Above all, the judgments completely overthrow the legal foundation of the friendly and