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| TITLE | Supreme Court Decision 2009Da22549 Decided May 24, 2012[Damages, etc.] [full Text] |
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| Summary | |
| [1] Elements to consider in determination of international jurisdiction [2] In a case where Korean citizens Gap et al were drafted to Mitsubishi Heavy Industries Ltd. (hereinafter ""former Mitsubishi"") factories under the National Service Draft Ordinance enforced during the Japanese Occupation Period, and were subjected to forced labor, and sought compensation for violation of international law and payment of accrued wages against the newly established Mitsubishi Heavy Industries Ltd., a corporation succeeding former Mitsubishi after its dissolution, the case holding that the court of the Republic of Korea(""ROK"") has international jurisdiction [3] The test to determine whether approving a foreign judgment contradicts the good customs or other social orders of ROK [4] In a case where Korean citizens Gap et al(hereinafter ""Gap"") were drafted to former Mitsubishi factories under the National Service Draft Ordinance enforced during the Japanese Occupation Period, were subjected to forced labor, and sought compensation for violation of international law and payment of accrued wages against the newly established Mitsubishi Heavy Industries Ltd., a corporation succeeding former Mitsubishi after its dissolution, the case holding that the court below erred in the misapprehension of legal principle, since approving the final judgment of Japanese court which rejected Gap's aforementioned claim would contradict the good customs or other social orders of ROK and is therefore deemed invalid.... | |
