By Kim Se-jeong
A group of lawyers have submitted a written opinion to the foreign ministry and to the Japanese Embassy in Seoul on the recent deal about “comfort women” made between Japan and Korea.
Lawyers for a Democratic Society said Wednesday that the agreement was not put in writing and thus is not binding.
The group earlier requested that the ministry disclose related documents exchanged between the two countries to determine whether the deal can be viewed as a treaty according to international law.
“What was agreed to on Dec. 28 carries no legal weight in light of international law,” the group claimed. “Also, it has failed to reflect any of the victims interests, a point hard to accepted even if it is a valid agreement.”
Under the compromise made on Dec. 28 between the Korean and Japanese foreign ministers, Japan will pay $8.3 million to care for 46 surviving victims in Korea, and the two nations agreed that the issue is resolved “finally and irreversibly.”
The lawyers’ group said that the deal failed to yield any written text as required by the 1969 United Nations Vienna Convention. The convention requires a written text in its definition of an international agreement. “In light of international law, this is not an international agreement but a unilateral declaration which is invalid,” the group maintained.
The deal also failed to stipulate what Japan would do to prevent a recurrence of a similar act, according to the lawyers.
“Agreements on human rights usually require the inflicting party to elaborate on preventive measures,” it said, citing the United Nations General Assembly resolution on “basic principles and guidelines on the right to a remedy and reparations for victims of gross violations of international human rights law and serious violations of international humanitarian law.”
Considering these, the government has no right to declare a final and irreversible resolution to the issue, the lawyers said.
They also criticized the administration for using the issue politically. “The government should act to help individual victims receive apologies and reparations from Japan.”
Almost 200,000 women are believed to have been enslaved to provide sex to Japanese troops during World War II. Victims and activists in Korea, and other countries, have demanded the Japanese government recognize its wrongdoing, apologize and make reparations.