[Exclusive] North Korean-Killed Public Official to Be Declared Missing by Court in May... Considered Deceased
Bereaved Family Filed Missing Person Petition in August Last Year
Final Decision After 6-Month Grace Period
Plans for Death-in-Service Application and Compensation Lawsuit Against Government
[Asia Economy Reporter Kim Hyung-min] Lee Mo (aged 47 at the time), a Ministry of Oceans and Fisheries official who went missing during a fisheries guidance activity in the northernmost waters of the West Sea on September 22, 2020, and was reportedly killed by North Korean soldiers, will be declared legally dead by the court this May.
Kim Ki-yoon, the lawyer representing Lee’s family, stated in a phone interview with this publication, "The missing person declaration is scheduled to be issued at the Mokpo Family Court in May, when the public notice period for Lee ends."
The public notice period refers to a minimum six-month grace period granted after the family or others file a petition for a missing person declaration with the family court. During this period, the court publicly announces the personal details of the petitioner and the missing person, waiting for any reports that the missing person has returned alive or for information about their whereabouts. If no news is received, the court issues the missing person declaration. Once declared missing, Lee will be legally presumed dead, and all legal effects that arise upon a person’s death will be recognized.
Lee’s family filed a petition for a missing person declaration at the Mokpo Family Court on August 30 last year. Since Lee primarily lived in a dormitory in Mokpo, Jeollanam-do, before going missing, his registered address was recorded as Mokpo, leading to the petition being filed there. The family argued that Lee met the criteria for a "special missing person" under Korean civil law, which applies when a person’s life or death is uncertain for one year following an accident likely to cause death, such as participation in war, being on a sunken ship, or being on a crashed aircraft.
Lee’s wife, Kwon Mo (43), said in a phone interview, "Legally, my husband is still alive, but that will change after May." She added, "Once the missing person declaration is made, we plan to apply for a posthumous honor for service-related death. Applying for this is necessary to create legal grounds to further contest the case and to file additional damages lawsuits against North Korea or the government. We intend to do everything we can."
On the 27th of last month, Lee’s son sent a two-page handwritten letter on A4 paper to Yoon Seok-yeol, the People Power Party’s presidential candidate, asking him to "join in restoring my father’s honor." The son wrote, "Our family is enduring hellish times. All that remains is a sense of betrayal and wounds toward the president," and requested Yoon to "seek the truth and restore honor." Yoon posted on his social media account, "We will definitely uncover the truth behind the unjust death of our citizen," and added, "We must never forget the young man’s desperate plea to reveal the truth of that day, restore his father’s honor, and live an ordinary life with his mother and siblings."
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Kwon said, "When my son went to return a condolence letter from President Moon Jae-in on the 18th, he was stopped by the police, and it seemed he had made up his mind that there was no longer any hope from the current government." She continued, "I still feel as if he will come back soon. Neither the children nor I can fully grasp the reality."
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