Resolving Japanese Military ‘Comfort Women’ and Forced Labor Issues:

Reconstructing ROK-Japan Relations

No. 2019-08 Current Issues & Policies

Dr. Nam Ki Jeong

(profnam@snu.ac.kr)

Professor, Institute for Japanese Studies,

Seoul National University

ROK–Japan relations are showing signs of crisis. The Korean Supreme Court ruling Japanese firms to pay compensation to forced laborers, and the Korean government’s decision to disband “Reconciliation and Healing Foundation” have met strong opposition. Now Japanese attitude towards the series of incidents is growing cold. When talks between Seoul, Washington, and Pyongyang were going well, Seoul did not forsee the grave consequences from its worsening relations with Tokyo. Now that talks with Pyongyang are in a deadlock, Seoul is starting to feel the pressure from its deteriorating ties with Tokyo.

The Korean Supreme Court’s decision has ordered Korea to overcome the limitations of the 1965 Korea–Japan Normalization Treaty (official title: Treaty on Basic Relations between Japan and the Republic of Korea). The challenge at hand is not improving but reconstructing Korea–Japan relations.

Until now, Seoul and Tokyo had different interpretations of the article in the 1965 Treaty that states the Japan-Korea Treaty of 1910, which effectively colonized Korea, is “already null and void.” Seoul argues that the 1910 Treaty was null from its origin, while Tokyo believes that the treaty was valid when it was signed, but was anulled when the Korean government was established. Both governments had implicitly acknowledged that different interpretations exist. With this ruling, the Korean Supreme Court is asking the government to recognize and close the gap with Tokyo. Seoul must not stand at bay while forced labor victims file their cases in court. It must cooperate with Tokyo to create a new joint declaration that goes beyond the 1965 Treaty.

If Japan were to admit the forcible nature of the 1910 Treaty, it will incur more reparation liabilities. On this issue, Seoul must collaborate with the Korean public to decide that Korea will not ask for additional reparations, as long as the Japanese government acknowledges the illegality of colonial rule. Seoul will gain by getting recognition of its status as legitimate heir of the Korean Empire, while Japan can gain from being the first nation to acknowledge, apologize, and compensate for the illegality of colonization. This model can be applied to the normalization process between Pyongyang and Tokyo and develop into a trilateral joint statement between the three governments.

In the short term, the top priority for the Seoul will be engaging with the forced labor victims asking for immediate compensation. In order to pay for their damages I suggest the Korean government create a fund in cooperation with domestic firms who were subsidized by the compensations from the 1965 Treaty, as well as Japanese firms who mobilized forced labor.

A resolution of the Japanese Military ‘comfort women‘ issue will involve completing the 2015 Agreement. Seoul has already confirmed that re-negotiating the agreement is not an option. The alternative is to utilize the efforts of the Ministry of Gender Equality and Family in the domestic arena, while cooperating with Japan to seek an exit strategy.

To gather support from the Korean public, the government must create legal framework by passing bills on history reconciliation and commemoration of ‘comfort women,’ while creating public committees and designating “Japan policy coordinators” to open communications with the public on the policies toward Tokyo. Two-level dialogue is needed between the two governments and civil societies.

In terms of diplomacy, we must accept Japan’s offer of mediation and present counter-offers to tip the balance. We must persuade Japan that the 2015 Agreement on ‘comfort women’ proves that the 1965 Normalization Treaty does not provide legitimate reparations for the illegal activities by Japan during its imperial period. Ultimately, Seoul must convince Tokyo that it is time to rebuild the relations between the two countries.

Without stable ROK–Japan relations, we cannot discuss a peaceful Korean Peninsula. Seoul must be bold and well-grounded in future discussions to reconstruct Korea–Japan relations.