In the first ruling at the high court level on a series of lawsuits filed by former Chinese slave laborers across Japan, the court acknowledged, however, that the government and Mitsui Mining Co. shared joint liability for bringing the men to Japan and forcing them to work in the mines.

The court rejected the government's argument that it enjoys immunity from liability for damages stemming from the exercise of state power under the Meiji Constitution.

But the court dismissed the plaintiffs' demand for compensation on the grounds that the statute of limitations has expired.

"Even though the plaintiffs were able to leave China starting in 1986, they did not promptly file the lawsuit," presiding Judge Takayuki Minoda said.

He applied a Civil Code provision that says the wronged party has 20 years to claim damages after an offense is committed.

In the suit, each of the 15 Chinese men sought ¥23 million in compensation from the government, which authorized bringing workers from China, and the company, which operated the mines, as well as a published apology.

The Japan Times Weekly: May 29, 2004
(C) All rights reserved