Seoul High Court upholds academic freedom, overturning damages against Park Yuha over her book Comfort Women of the Empire and citing its "objective nature."
Park Yuha

Sejong University Professor Emeritus Park Yuha. September 2022, Seoul, South Korea (©Sankei by Tatsuya Tokiyoshi).

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On January 22, the Seoul High Court in South Korea overturned a first-instance ruling against Park Yuha, professor emeritus at Sejong University. Park is the author of the book Comfort Women of the Empire

The lower court had ordered Park to pay a total of ₩90 million KW (approximately $66,600 USD) in damages. This was in response to claims from former comfort women who alleged that the book's content defamed their honor. However, the appeals court ruled in favor of Park, rejecting the plaintiffs' claims.

According to the court, the content of the book was deemed "academic and objective." The court acknowledged that the plaintiffs may have experienced emotional distress. However, it concluded that "it is difficult to deem that their personal rights were infringed upon in light of the constitutional value of academic freedom."

South Korean women serving UN and American troops in the Korean war. (Facebook, Immovable Object: North Korea's 70 Years at War with American Power)

Defamation Verdict

In 2014, the plaintiffs filed a lawsuit seeking a total of ₩270 million (approximately $187,000) in damages. They argued that Park's 2013 book had damaged their honor. Among its descriptions, the book suggested that comfort women and the Imperial Japanese Army shared a "comradely relationship."

Separately, in a criminal trial where Park faced defamation charges, the court finalized a not-guilty verdict in April 2024. This second-instance civil court ruling is consistent with that decision. Previously, the Supreme Court had emphasized the need for careful scrutiny of opinions derived from academic research before classifying them as defamatory.

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Author: Norio Sakurai, The Sankei Shimbun

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