Supreme Court Orders Nippon Steel to Pay 80 Million Won to Forced Labor Victims' Families, Dismisses Appeal
Supreme Court Finalizes Compensation Order for Forced Labor Victims' Families
"2018 Supreme Court Ruling Set as Reference Date for Statute of Limitations"
The Supreme Court has made a final ruling that Nippon Steel Corporation (formerly New Nippon Steel) must pay compensation to the bereaved families of victims of forced labor during the Japanese occupation.
According to the legal community on August 12, the 2nd Division of the Supreme Court (Presiding Justice Oh Kyung-mi) upheld the lower court’s partial ruling in favor of the five surviving family members of the late Min Moon-sik, dismissing Nippon Steel’s appeal in the damages lawsuit brought against the company.
The late Min Moon-sik was taken to Japan in 1942, where he worked as a laborer at Kamaishi Steel Works in Iwate Prefecture before escaping, working at coal mines and other places, and finally returning to Korea after liberation. In April 2019, his bereaved family filed a damages suit against Nippon Steel, seeking 100 million won in compensation.
The court of first instance dismissed the suit on the grounds that the statute of limitations had expired. However, the appellate court reversed the decision, ordering Nippon Steel to pay a total of 80 million won to the families, finding partially in their favor.
The main issue was the legal starting point (reference date for the statute of limitations) from which the families could claim compensation. The appellate court determined that, until the Supreme Court’s full bench ruling on October 30, 2018—which recognized the victims’ individual right to claim compensation—there existed obstacles that made it impossible for the families to exercise those rights, as judicial relief was not yet a certainty.
Accordingly, by counting the date of the Supreme Court’s 2018 ruling as the starting point, the court concluded that the lawsuit filed in April 2019 fell within the statute of limitations.
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The Supreme Court also found no error in the legal reasoning of the appellate court and finalized the ruling requiring Nippon Steel to pay 80 million won in compensation.
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