Case for Confirmation of Common Obligation (Reiwa 5 (Wa) No. 3112)

Filed in 2023 as Reiwa 5 (Wa) No. 3112 at the Tokyo District Court and decided in February 2025, this civil lawsuit was brought by South Korean victims of wartime forced labor and their heirs, including Lee Soon-ae (daughter of the late Lee Chun-sik) and fellow survivor Kim Seong-ju. They sought a declaratory judgment confirming that Nippon Steel Corporation bears a common obligation with the Japanese government to pay unpaid wages and compensation for inhumane treatment during World War II. The plaintiffs argued that the 1965 Japan-Korea Claims Agreement only waived the state-level right to diplomatic protection but did not extinguish individual claims. The Tokyo court examined treaty interpretation, state immunity, and prior South Korean judgments. The litigation tested whether Japanese courts would acknowledge corporate liability independently from the 1965 pact.

The Tokyo District Court dismissed the plaintiffs' claims in their entirety. It held that any individual right to compensation was definitively settled and precluded by the 1965 treaty, and that the action was further barred by principles of state immunity, thereby rejecting the requested confirmation of common obligation.

Whether the 1965 Agreement on the Settlement of Problems concerning Property and Claims and Economic Cooperation between Japan and the Republic of Korea extinguished individual victims' rights to claim compensation, and whether Japanese courts have jurisdiction to confirm a common obligation of the Japanese government and the defendant corporation in light of principles of state immunity and prior foreign rulings.

The ruling deepened the rift in Japan-South Korea relations over historical issues. Seoul expressed regret and reaffirmed support for the victims, viewing the decision as inconsistent with South Korea's 2018 Supreme Court verdicts. Tokyo welcomed the outcome as upholding international law and the treaty framework. The case underscored the enduring grievances of wartime forced laborers and the limited viability of pursuing redress in Japanese forums.