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| TITLE | [Damages, etc.]Busan High Court Decision 2007Na4288 Decided February 3, 2009 [full Text] |
|---|---|
| Summary | |
| [1] The case acknowledging the international court jurisdiction of a Korean court in a damages claim filedby a Korean national against a Japanese company for unlawful acts committed during the course of Japanese occupation in which Koreans were mandatorily drafted and forced to labor [2] Whether filing an identical case at a Korean court violates the res judicata of a conclusive decision delivered by a foreign court when the said conclusive decision of the foreign court satisfies all items of Article 217 of the Civil Procedure Act (affirmative) [3] The case holding that in a damages claim filed by a Korean national against a Japanese company for unlawful acts and claim for wages, etc., during the course of Japanese occupation in which Koreans were mandatorily drafted and forced to labor, the laws of Korea and Japan both can be governing laws for a damages claim for unlawful acts, while the laws of Japan become the governing law for a claim for wages [4] The meaning of violating ""good morals or other social order"" as stipulated in Article 217 (3) of the Civil Procedure Act [5] The case holding that in a damages claim filed by a Korean national against a Japanese company for unlawful acts committed during the course of Japanese occupation in which Koreans were mandatorily drafted and forced to labor, acknowledging the conclusive decision for a case filed on identical grounds in Japan cannot be seen as going against ""good morals or other social order"" of the Republic of Korea [6] The case holding that in a damages claim filed by a Korean national against a Japanese company for unlawful acts and claim for wages, etc., for during the course of Japanese occupation in which Koreans were mandatorily drafted and forced to labor, the prescription period of the above damages claim, etc., has expired | |
