Up to 200,000 women - mostly from Korea but also from other Asian countries including China - were forced into prostitution in Japanese military brothels during World War II.

In 2012, twelve of them, five of whom are still alive, filed a complaint against Japan with a court in Seoul. 

The judgment, handed down on Friday January 8 by the South Korean justice, enjoins Tokyo to compensate these twelve women reduced to slavery by the imperial army.

The Seoul Central District Court ruled that the Japanese government should pay each of the victims, or their families, 100 million won (74,000 euros), the South Korean agency Yonhap reported.

This unprecedented decision was immediately condemned by Japanese Prime Minister Yoshihide Suga.

"Our country will never accept this judgment," he reacted on Friday.

Seoul "should drop this lawsuit," he said, adding that "the issue of comfort women" has "already been resolved, completely and definitively."

The affair of these ex-Korean sex slaves, euphemistically called “comfort women” by some Japanese, reignites a long historic battle between Japan and South Korea.

For Alessio Patalano, professor of defense and security in East Asia at King's College in London, this court decision opens a new episode of diplomatic tensions between the two states.

France 24: Why is this case resurfacing now? 

Alessio Patalano:

In 2015, the Japanese and Korean governments signed an agreement under which, in principle, the two countries made a definitive commitment to close this file.

[Under the terms of this agreement, Japan offered its "sincere apologies" and paid 7 million euros in compensation to a foundation to help the rare South Korean "comfort women" still alive, Editor's note].

Meanwhile, South Korea has changed government.

After the dismissal of Park Geun-hye, it was the center-left opposition that gained power with the election of President Moon Jae-in in 2017. His current has always supported the cause of “comfort women” and never approved this 2015 agreement, thus ending its diplomatic engagement with Japan.

Why do Japan and South Korea fail to agree on an apology or establishing a common history?

It is not just a matter of foreign policy in bilateral relations with Japan.

The fundamental problem is that in South Korea, the issue of “comfort women” is passionate, but it also concerns domestic politics.

South Korean politicians tend to manipulate this issue to steer the political debate.

Funds are given to research on “women of comfort”, popular mobilization is encouraged around this theme, and at the same time the government has ended a historic agreement with Japan, which had even led to the start of compensation of victims.

The 2015 agreement still included one billion yen (7 million euros) in compensation for a foundation helping "comfort women".

Until 2018 more than half of this money had been paid, until Seoul demanded to stop everything. 

On the Japanese side, Tokyo has been wary of the Korean government since it rejected the deal.

The Japanese no longer see the point of listening if South Korea does not make an effort on its side. 

The Korean court's decision is likely to succeed?

What perspectives can it open up?

The Japanese have clearly condemned the Korean court ruling, but I think they are awaiting the reaction of the new Biden administration which will take office in a dozen days.

The 2015 agreement was overseen by the United States, because for Washington it was important that its two allies in Northeast Asia maintain good diplomatic relations.

In fact, the American vice president at the time was Joe Biden.

His team had played a key role in the negotiations between the two states.

That said, one can wonder if the Korean government of Moon Jae-in, very committed to the question of “women of comfort” will be ready to listen to a possible mediation from Washington on this point.  

The South Korean government could very well take action and sue Japan economically on the basis of this court ruling.

The Seoul court, which is asking for 100 million won (74,000 euros) for each of the plaintiffs, could very well ask for the freezing of Japanese funds on Korean national territory.

There is a significant risk of escalating tensions between the two countries.

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