SEOUL -- The Seoul Central District Court's two decisions on similar cases involving former so-called comfort women differed because the decision on Wednesday put a strong emphasis on the conclusions of the International Court of Justice and on customary international law.
The latest decision can be said to be normal.
The earlier ruling in January stated that the so-called comfort women system was a "premeditated and systematically conducted inhumane act that caused tremendous damage" and, as an exception to customary international law, did not recognize sovereign immunity.
It also stated that the lawsuit in South Korea was "the last resort for human rights relief."
The latest ruling, however, stated that "the applicability of sovereign immunity can only be judged under customary international law," leading to the conclusion that sovereign immunity should be applied based on South Korea Supreme Court precedents.
According to South Korean media, the district court also ruled that the seizure of Japanese assets to cover the cost of lawsuits "would be a violation of international law."
Possibly influencing the latest decision, according to some observers, was the fact that South Korean President Moon Jae-in had said he was "confused" over the January ruling. Moon is urged to come up with a concrete solution that will lead to an improvement in Tokyo-Seoul relations.
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