The statement issued by Kwak Kifun and The
Korean Society of Human Rights
On June 17, The press conference began at
10:30 a.m.at the conference room of Krean
Democratic Party. And the plaintiff; Mr.Kwak
Kifun and the members of The Kerean Society
of Human Rights issued the statement to file
a protest with Japanese Government. as follows;
The Statement
The protection law for Hibakusha(A-bomb victims)issued
by Japanese Government should be applicable
to all the A-bomb victims living in foreign
countries.
Although Osaka District Court firmly ruled
that all the A-bomb victims should be protected
by Japanese Government regardless of their
nationalities and races, the government appealed
to the High Court on June 15.
Taking such a mean to wait for the death
of all the A-bomb victims who have reached
advanced ages outside Japan, is so cruel,
inhumance, and unforgivable. For that reason,
we shall issue this statement here to impeach
the goverment.
We, again, request the government to take
an action to support A-bomb victims living
in foreign countries who have now the trebled
suffering, following the ruling of the judicature
based on the spirits of the fundamentals
of the protection law.
The plaintiff of the lawsuit requesting the
application of the protection law against
all the A-bomb victims living in foreign
countries; Kwak Kifun
iFor Overseas Application of the Protection
Law)
On June 1, Osaka District Court in Japan
closed the case of "Comfirmation of
requirements for health care aid" acccusing
Osaka Prefecture and the Japanese Government,
giving the clear dicision in favor of the
plaintiff, a Korean A-bomb victim, Kwak Kifun,
78, living now in Kyon-gi Dou Son-Nam South
Korea, who was drafted into Japanese Army
by force during World War U and became Hibakusha
at Hiroshima.
In the ruling, the District Court has clearly
pointed out:
1 The idea of issuing the Protection Law
is largely based on the consideration for
indivisuals who have histories of being A-bomb
victims.
2 There is no reason to apply the territorial
principle to it.
3 Excluding people living outside Japan for
the application could be violation of the
Constitution of Japan that holds the Principle
of Equality described in Chapter 14.
4 The Protection Law has two funcitions created
for both social security for humanity and
national indemnities.
5 Therefore the government's aid must be
given to all the A-bomb victims regardless
of their residential locations.
We had been welcoming the ruling of Osaka
District Court as it brought some of responsibilities
of the Japanese Government for the postwar
into light, hoping it would be a good turning
point to ease the sufferings of over 5,000
Hibakusha living outside Japan, although
we still feel it was a bit too late.
We had also been very happy to see noticeable
welcoming responses of major Japanese mass
medias, some conscientious politicians, and
citizens in Japan that looked pushing away
some falsifications of historical facts and
rightist movements often found in modern
Japanese society, and hoping that Japan would
redeem its credit against some of the Asian
countries suffered from the the war, without
bringing an intermediate appeal in a court.
However, on June 15, the Ministry of the
Public Welfare and Labor in Japan and Osaka
Prefecture together appealed to the court
based on the same logic that had already
been desmissed by the Judicature.
Such an practice of the Japanese Government
is based on the same idea for the evasion
of responsibility against the "comfort
women in Japanese Military"issue , and
that forces the old victims' sufferings to
be doubled.
We see it as a sacrilege to humanity.
Also, it could be the acceleration of descrimination
preexisting in Japanese society, especially
when one conciders that the Japanese Government
did not bring an intermediate appeal in a
court for "Hansen's disease lawsuit"
but "Hibakusha-related-lawsuits"for
foreign poeple.
We, the Korean Society of Human Rights, shall
claim against the Japanese Government as
follows:
1 We impeach the Japanese Government for
its inhumance and discriminating practice.
2.The victims do not have much time left
for the fight because of their ages. Therefore,
the Japanese Government should withdraw their
claim as soon as possible and help them following
the idea of Protection Law.
3.The Japanese Government should take responsibility
for Japanese Military's comfort women issue
and correct falsifications of their history,
following the law of international obligation
and humanity.
From now on, we, the members of Korean Society
of Human Rights, are going to strengthen
our activities to support the overseas victims
who are to be given the equal aid, and also
to claim the responsibility of the Japanese
Government for the war requesting leagal
actions, keeping close contact with other
organizations for Hibakusha in Japan, the
Overseas Application of the Protection Law
Committee composed by Japanese Diet members
in active service, and other supportive groups.
June 17 2001
Korean Society of Human Rights Representative;@Yan
My-gan
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