Constitutional Court Rules "'No Compensation Lawsuits for 5·18 Victim Compensation' Clause Unconstitutional" (Comprehensive)

Chief Justice Yoo Nam-seok of the Constitutional Court (center) and other constitutional justices are seated attending the ruling on the constitutional complaint case filed against the High-ranking Officials' Crime Investigation Agency at the Grand Bench of the Constitutional Court in Jongno-gu, Seoul, on the 28th. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Kim Hyung-min] The Constitutional Court has ruled that the legal provision preventing compensation lawsuits if victims have already received compensation from the state for damages caused by the May 18 Gwangju Democratization Movement is unconstitutional.

On the 27th, the Constitutional Court unanimously decided that the former Act on Compensation for Persons Related to the Gwangju Democratization Movement (May 18 Compensation Act), which specifies the effect of civil lawsuits regarding May 18 compensation, violates the balance of legal interests in a constitutional review case.

Article 16, Paragraph 2 of the former May 18 Compensation Act, revised in August 1990, states that if the applicant agrees to the payment of compensation, it has the effect of a 'judicial settlement' under the Civil Procedure Act. Dispute resolution through judicial settlement has the effect of a final judgment, meaning victims can no longer claim damages against the state.

The Constitutional Court stated, "The May 18 Compensation Act does not include provisions allowing consideration of mental damages when calculating compensation," and "It is difficult to view the payment of compensation alone as appropriate redress for mental damages."

Furthermore, the court pointed out, "The May 18 Compensation Act excessively restricts the right to claim damages for mental suffering caused by unlawful acts committed by public officials in the course of their duties." Since state compensation is support for livelihood stabilization and welfare improvement, victims should be able to separately claim state compensation for mental damages.

Previously, five individuals including Mr. Lee filed a lawsuit for damages at the Gwangju District Court, claiming mental damages after receiving compensation under the May 18 Compensation Act.

They requested a constitutional review, arguing that the provision excessively restricts the right to claim state compensation by deeming a judicial settlement established for all damages including mental damages. The court accepted this and referred the constitutional review to the Constitutional Court.

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