Supreme Court “Party to disclose negotiation documents for comfort women agreement between Korea and Japan in 2015” (Comprehensive)

delivery time2023-06-01 11:52

“The profit from not disclosing is greater than the profit from disclosing”… reconfirming caution

Lawyer Song Ki-ho protests against “abandoning the basic duty of the judiciary”

(Seoul = Yonhap News) Reporter Hwang Yun-ki = The Supreme Court ruled that the non-disclosure of the negotiation documents related to the ‘comfort women agreement’ announced between Korea and Japan on December 28, 2015 was justified.

The third division of the Supreme Court (Presiding Judge Lee Heung-koo) confirmed the dismissal of the appeal on the 1st by the judgment of the lower court that the plaintiff lost in the lawsuit filed by Attorney Ki-ho Song against the Minister of Affairs Abroad to cancel the non-disclosure of information.

The Supreme Court ruled, “The judgment of the lower court was just and there was no error in a misunderstanding of the legal principles regarding information subject to non-disclosure, etc. determined by the Disclosure of Information Act.”

A Supreme Court official said, “The agreement on comfort women who are victims of the Japanese military is the result of negotiations held by the Ministry of Foreign Affairs and Trade with the Japanese government.” he explained.

“The Supreme Court reaffirmed its previous position of taking a cautious stance regarding the disclosure of diplomatic negotiation information,” he added.

Attorney Song filed a lawsuit in February 2016, asking the two countries to disclose the negotiation documents that discussed the issue of recognizing the forced dispatch of Japanese military and government officials in the process of deriving the text of a joint statement from foreign ministers of Korea and Japan in 2014-2015.

The first trial ruled that the documents should be disclosed. The reason was that the national interest to be protected by disclosing the document was not greater than the public interest to be gained by satisfying the people’s right to know.

However, the second trial said, “If the information is disclosed, the content of Japan’s position will be exposed outside without Japan’s consent, which will not only seriously damage the diplomatic relationship of trust that has ‘to build between Korea and Japan so far, but also cause a conflict of interest between the two countries. It could lead to tension in diplomatic relations, “he said, reversing the ruling, saying that the nondisclosure decision was appropriate.

“There is a high risk that revealing the content of the consultations that have been held in private will become the subject of diplomatic and political battles,” he said.

The Supreme Court also saw that this second trial judgment was correct.

Attorney Song protested after the ruling, saying, “The Supreme Court has abandoned the basic responsibility of the judiciary to guarantee the human rights of victims.”

He said, “Japan denies forced labor itself in the matter of third-party reimbursement for forced labor,” he said.

dwr@yna.co.kr

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2023/06/01 11:52 Sent