2ND LD: Fukuoka court dismisses suit by Chinese forced laborers+
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[March 28, 2006]

2ND LD: Fukuoka court dismisses suit by Chinese forced laborers+

(Japan Economic Newswire Via Thomson Dialog NewsEdge)FUKUOKA, March 29_(Kyodo) _ (EDS: ADDING COMMENTS)

The Fukuoka District Court on Wednesday dismissed a damages suit against the Japanese government and two Japanese companies filed by 45 Chinese who were forced to work at mines in Fukuoka Prefecture during World War II.

The court rejected the plaintiffs' demand for a combined 1,035 million yen in compensation, or 23 million yen per plaintiff.

The two corporate defendants are Mitsui Mining Co. and Mitsubishi Materials Corp.

Presiding Judge Keiji Suda said that forcing the plaintiffs to work at the mines "was an illegal act committed jointly by the state and the companies but the state is not held responsible for the act because public authority was exercised under the Meiji Constitution."



The Meiji Constitution was in effect from 1890 to 1947.

Suda also said the plaintiffs' right to reparation expired 20 years after the illegal act was committed.



The plaintiffs will appeal the ruling, their lawyers said.

Yuji Onoyama, head lawyer for the plaintiffs, said the ruling is the "worst judgment" for a lawsuit concerning forced laborers, and is "unacceptable and unjust."

According to the ruling, the plaintiffs were forcibly taken to Fukuoka Prefecture from Hebei Province and other provinces of China between 1943 and 1944 to work without pay at the Mitsui Miike mine in Omuta, the Mitsubishi Iizuka mine in Iizuka and at other sites.

The plaintiffs filed the suit in February 2003, seeking monetary compensation and an apology to be published in Japanese and Chinese newspapers.

Mitsui Mining said the ruling was "reasonable" but declined to make further comments.

Mitsubishi Materials said its argument was mostly recognized by the court.

In a separate damages suit filed by Chinese force laborers with the Fukuoka District Court, the court ruled in favor of the plaintiffs in 2002 but the Fukuoka High Court later overturned the ruling. The Supreme Court is hearing an appeal in that case.

In 2004, the Niigata District Court ruled that the policy of forced labor is illegal, holding both the state and a company responsible. The Tokyo High Court is hearing an appeal in that case.

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