Claims for damages and wage payment claims against Mitsubishi Heavy Industries brought by victims of Japan’s forced mobilization, Park and ors v Mitsubishi Heavy Industries Limited, Appeal judgment, 2009 Da 22549, ILDC 1909 (KR 2012), 24th May 2012, Korea, Republic of; Supreme Court
Whether a judgment of a Japanese court that had assumed that Japan’s colonial rule over the Korean peninsula and its people was legitimate and that the forced drafting of Korean nationals was not illegal, could be enforced in Korea.
Whether compensation claims arising from unlawful acts against humanity or unlawful acts related to colonial rule had been extinguished by Article 2(1) of the Agreement on the Settlement of Problems concerning Property and Claims and the Economic Cooperation between the Republic of Korea and Japan (‘1965 Agreement’).
Whether Korea had—by concluding the 1965 Agreement—waived not only its own right to exercise diplomatic protection but also individual claims to compensation.
Whether the uncertainty over the interpretation of the scope of Article 2(1) of the 1965 Agreement up to the time of the lawsuit should have precluded the application of prescription.