Lawyers Dong Yiming and Zhou Jiakui of our firm participated in the demonstration meeting on the reference of the labor victory judgment of the Sino-Japanese World War II South Korea in Beijing.
Published:
2021-04-26
Lawyers Dong Yiming and Zhou Jiakui of our firm participated in the demonstration meeting on the reference of the labor victory judgment of the Sino-Japanese World War II South Korea in Beijing.
On December 9, the lawyers group of Chinese World War II labor claims against Japan invited South Korea and Japanese lawyers to hold a meeting in Beijing to discuss and learn from the experience of winning cases of South Korea labor claims, and to promote the domestic litigation process of Chinese World War II labor against Japan. The background of this meeting is that in the case of 61381 2013 C of the South Korea Great Court (Supreme Court) on October 30, 2018, it was determined that Japanese enterprises should be liable for damages in the case of forced labor of South Korea labor victims, and it was determined that an average of 0.1 billion won of spiritual comfort should be paid to South Korea workers.
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At the meeting, South Korea lawyer Cui Fengtai introduced the content of the South Korea Supreme Court's judgment and its impact on South Korea-Japan relations. Lawyer Cui Fengtai believes that the South Korea Supreme Court's support for the request of South Korea labor victims who were forced to work in Japan is a normal verdict. When forced to mobilize workers to work in the past, they should pay the corresponding expenses, and if there is damage, they should be liable for damages. This is the truth that a civilized country should have.
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At the meeting, lawyer Yoshitaka Takagi of the Bureau of Liaison Agreements of Lawyers in Japan Considering Post-War Compensation Issues introduced the changes in the interpretation of the treaty's national claim waiver clause by studying the relevant cases of Greece, Italy and Germany in Europe, and believed that the interpretation of the treaty's national claim waiver clause had undergone historic changes along with the predecessor of international humanitarian law. Lawyer Takagi pointed out that with the development of post-war compensation litigation, the idea that victims of violations of humanitarian law in wartime would not be forced to give up their right to claim damages because of treaties between countries is gradually becoming stronger. States are no longer omnipotent for war, and they are behind modern international humanitarian law.
At the meeting, lawyer Zou Qianglun, a lawyer from China's World War II labor claims against Japan, introduced the jurisdiction of the Mitsubishi Company's compensation case in China, and lawyer Li Haiyan introduced the plaintiff's suspension of negotiations with Mitsubishi Company.
During World War II, nearly 39000 Chinese laborers were taken to Japan for forced labor. Among them, 3765 people were forced to be enslaved in Mitsubishi's workplaces, and as many as 722 people were abused and killed. Since the 1990 s, Chinese workers have been suing for damages in Japanese courts, during which they have gone through twists and turns. On April 27, 2007, the Supreme Court of Japan exempted the relevant Japanese enterprises from legal liability while determining the facts of harm caused by the relevant Japanese enterprises on the grounds that the Chinese government had given up the right of claim, including individual citizens, in the Sino Japanese joint statement. Since then, every case has been followed, thus blocking the way for Chinese workers to sue in Japan. More and more labor survivors are passing away with hatred, and few are alive. On February 26, 2014, 40 Chinese workers, with the help of a team of lawyers, filed a lawsuit against Mitsubishi and the former Mitsui Company (now Japan Coke Company) in a Chinese court-Beijing No. In 2016, another lawsuit was filed against Kajima Company in Beijing No.3 Middle School. However, there has been no result so far. The lawsuit of Chinese workers who were victims of World War II against Japan has attracted attention at home and abroad. The exchange meeting of South Korea workers' winning judgments held in Beijing is of great significance.
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The meeting was presided over by lawyer Dong Yiming of the lawyer group of China's World War II labor claims against Japan. Lawyer Kang Jian delivered a welcome speech and a concluding speech. The meeting also invited plaintiff representatives Zhang Yang, Cui Shuping and Professor Zhang Xinjun and Professor Li Wang of Tsinghua University Law School to attend the meeting. Lawyers Zhou Jiakui and Lou Yilin attended the meeting and asked questions and exchanged views with other lawyers on jurisdictional objection, preservation and enforcement.
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