Unhealed Wounds – The Record of the Comfort Women Lawsuit Against Japan

“I am still waiting for an apology from the Japanese government.” This voice asks a question to all of us.

Hello. Today’s topic is not just an international dispute or diplomatic issue. It is about human dignity and memory. The victims of the Japanese military's comfort women system have been ignored in silence and oblivion for many years, but their struggle has not ceased. Especially the ongoing lawsuits against the Japanese government for compensation still question unresolved historical justice. I, too, felt choked up and angry when I first heard the testimonies of the elderly victims, and at the same time, I felt that we must remember and talk more about it. In this article, we will explore the flow and issues of the comfort women compensation lawsuits, and the direction our society should move towards.

Table of Contents

Historical Background of the Comfort Women Issue The First Lawsuit and International Response Korean Court's Compensation Ruling Japan’s Response and Logic State Immunity Debate in International Law Future Tasks for Memory and Justice

Historical Background of the Comfort Women Issue

The Japanese military’s comfort women system involved the forced conscription of women from Korea, China, the Philippines, and other regions under Japanese imperialism during World War II, and was a grave violation of human rights. The Japanese government has argued that these women were “voluntary prostitutes”, but numerous testimonies from survivors and reports from the United Nations support the fact that it was a state-sponsored, organized forced mobilization. Victims were forced into silence even after the war ended, and the government avoided addressing this issue for a long time.

The First Lawsuit and International Response

In 1991, the late Kim Hak-sun filed a lawsuit against the Japanese government for damages, marking the first time the silence was broken. This case drew global attention and brought the term ‘comfort women’ to the forefront of international human rights discussions.

Year	Key Events	Significance
1991	Kim Hak-sun's lawsuit against the Japanese government	The starting point for publicizing the comfort women issue
1993	Kono Statement Announcement	Partial recognition of Japan's responsibility
2000	Tokyo International War Crimes Tribunal	Informal tribunal, declaring Japan's government and military guilty

Korean Court's Compensation Ruling

In January 2021, the Seoul Central District Court ruled that the Japanese government must compensate the victims, ordering 100 million Korean won per person for 12 victims who filed a lawsuit. This ruling was a symbolic decision that recognized the exception to state immunity in the case of war crimes and human rights violations, which had long been avoided due to diplomatic concerns.

• War crimes and crimes against humanity are not subject to immunity
• The victims' fundamental rights and dignity take precedence over state sovereignty
• While Japan’s sovereignty is recognized, reparations for victims are a separate issue

Japan’s Response and Logic

The Japanese government has consistently maintained that the comfort women issue was “finally and irreversibly resolved”. Under the 2015 agreement during the Park Geun-hye administration, Japan provided a fund of 1 billion yen and claimed that the compensation responsibility had ended based on this diplomatic agreement. Japan has particularly opposed the Korean court ruling, arguing that it violates international law and infringes upon sovereignty, and even mentioned the possibility of bringing the issue to the International Court of Justice (ICJ) under the principle of state immunity.

• The 2015 Japan-Korea agreement is a bilateral commitment with legal validity under international law
• Under the principle of state immunity, lawsuits against the Japanese government in foreign courts are not allowed
• The ruling harms diplomatic trust and worsens international relations

State Immunity Debate in International Law

Concept	Details	Application to Comfort Women Case
State Immunity	The principle that a state cannot be sued in foreign courts	Japan claims that this principle prevents the lawsuit from being recognized
Crimes Against Humanity	International human rights standards recognize exceptions to state immunity	The Korean court recognized this exception for compensation responsibility
Jurisdictional Immunity Limitations	Civil remedies for victims' rights are treated separately	The legitimacy of individual victim lawsuits is justified

Future Tasks for Memory and Justice

• Call for truth and official apology from the international community
• Include the comfort women issue in textbooks and public education
• Expand museums and archives that connect memory and human rights
• Continue policies that focus on victim-centered historical justice

Frequently Asked Questions (FAQ)

Q Why hasn’t the comfort women issue been resolved yet?

It remains unresolved due to differing positions on legal responsibility, genuine apology, and historical recognition between the Japanese government and the victims.

Q What was the 2015 Japan-Korea Agreement?

In 2015, the governments of Korea and Japan reached a ‘final and irreversible agreement’, with Japan providing 1 billion yen and establishing a reconciliation and healing foundation.

Q Why did the Korean court rule for compensation against the Japanese government?

The court ruled because war crimes and crimes against humanity are exceptions to state immunity, and the victims' rights to dignity take precedence over state sovereignty.

Q Why did Japan mention the International Court of Justice (ICJ)?

Japan claimed that the Korean court's ruling violated the principle of state immunity and suggested pursuing an international legal resolution.

Q How many comfort women survivors are left today?

As of 2024, only 9 survivors are alive (according to South Korea's official records), and most are over 90 years old.

Q How does this issue affect Japan-South Korea relations?

It is one of the key factors in diplomatic conflicts and is a sensitive issue in public sentiment and political discourse.

In Conclusion

The comfort women compensation lawsuit is not merely about money. It is about the wounds of individuals, the long silence, and the courage of remembering. When I visited the comfort women museum, I felt an overwhelming and heavy emotion seeing the pictures of the grandmothers on the walls. Time does not heal these wounds, and forgiveness cannot happen without an apology. We must continue to remember, speak, and act on this issue. Justice is a destination that we will eventually reach, and the path forward depends on our choices today.