Compensation for forced labor deposited in court
If it is determined that the deposit is valid
Debt extinguished by being recognized as repayment
Victims protest against unilateral government
“Ignoring the wishes of creditors”
Notice of battle over legality
On the 3rd, the government started depositing compensation in the courts for compensation for victims of forced labor (conscription) and bereaved families, who did not accept the ‘third party reimbursement proposal’ that Japan omitted, and in effect started to finish the compensation process. Despite the voices of surviving victims who said, “I will not accept money given like begging,” and the point that there is still a “half-solution” without the participation of Japanese defendant companies, there are criticisms that the forced mobilization issue was forced to “tie a knot.” A legal battle over the legality of the deposit decision is also expected to continue.
When the government announced a solution to forced labor through a third-party reimbursement method in March, it has been clear that it will first fill up ‘half a glass of water’ and wait for a sincere response from Japan. Criticism of ‘humiliation diplomacy’ continues as the Japanese government has not received an acknowledgment of responsibility and an apology, but the government is said to interpret the Japanese government’s addition to Korea’s white list (export review priority countries) as the completion of response measures. In addition, considering the situation where the victim support group started its own ‘citizen fundraising’ campaign for the victims who refused the solution, it seems that they took out the ‘deposit’ card and entered the final stage.
Nam Ki-jeong, a professor at Seoul National University’s Institute of Japanese Studies, said in a phone call that day, “The government presented a solution to the forced labor issue in March, as if Japan had something to do (sincere measures), but in the end, with no response from Japan, South Korea had everything it had. I threw the card away,” he pointed out.
An official from the Ministry of Foreign Affairs met with reporters that day and cited Article 487 of the Civil Act, ‘Requirements and Effects of Reimbursement Deposit’, saying, “This deposit was made legally and effectively in accordance with the relevant laws and regulations.” It is explained that the clause followed the provision that ‘when the creditor does not or cannot receive repayment, the obligee can deposit the object of repayment for the creditor to avoid the debt.’
A ‘payer’ is a debtor (a Japanese company) or a person who has a ‘legal interest’ with the debtor. Since the government does not have a creditor, the victim, is not being reimbursed, the Japanese Forced Mobilization Victims Support Foundation (Foundation) under the Ministry of Public Administration and Security is acting as a debtor in the court. I believe that the judgment can be deposited in
However, attorneys Lim Jae-seong and Kim Se-eun, attorneys for the victims of forced labor Lee Chun-sik and the late Jeong Chang-hee, held a press conference in front of the Foreign Ministry building in Jongno-gu, Seoul, and pointed out that the government’s judgment was illegal.
Attorney Kim said, “Article 469, paragraph 1 of the Civil Act states that if the debtor expresses his/her intention not to permit repayment by a third party, repayment by a third party will not be established.” I conveyed my intention to the foundation not to allow repayment. Today’s deposit of repayment by the foundation is ineffective because it was made against the will of the creditor.” Whether or not the foundation can be legally recognized as a ‘payer’ is expected to become a legal issue in the future.
A plan for the party rejecting the third-party repayment proposal for forced labor to express its opinion when the government submits a document related to the deposit in the ongoing compulsory execution case, and to argue that the deposit is invalid through a separate lawsuit if the procedure in this case is not promptly progressed. will be reviewed. However, if the court determines that the deposit is valid, the debt is recognized as paid and extinguished. The process of selling domestic assets of Japanese defendant companies such as Mitsubishi and Nippon Steel, which only has a Supreme Court decision, may also be suspended.
Attorney Lim said, “Amidst various pains and hardships, the victims won the Supreme Court’s ruling in 2018, but the domestic measures of the Korean government, which succumbed to Japanese pressure (if a valid deposit judgment comes out), the victims will not be able to continue fighting.” said.
2023-07-03 12:14:00
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