Human Rights Commission "Welcomes Supreme Court Ruling on 'Emergency Measure No. 9 State Compensation'"

[Asia Economy Reporter Seongpil Cho] The National Human Rights Commission of Korea (NHRCK) has expressed its welcome regarding the Supreme Court ruling that recognized the state's liability for compensation to citizens who suffered damages due to the issuance of Emergency Measure No. 9 during the Yushin regime.

On the 1st, the NHRCK issued a statement in the name of Chairman Song Doo-hwan, saying, "This Supreme Court ruling marks the beginning of substantial relief measures for victims of human rights violations caused by Emergency Measure No. 9," and added, "Above all, it is a meaningful case in that it clearly established state responsibility for state violence that occurred during the authoritarian era." Furthermore, it stated, "Follow-up discussions are necessary, including preparing legislative measures to ensure that substantial relief measures are provided without exception to victims who suffered similar damages from the state."

However, the NHRCK pointed out the issue of compensation for victims whose state compensation claims were finalized before the Supreme Court precedent was changed. This is because if victims who received a final judgment of defeat file lawsuits again, it is highly likely that such claims will not be allowed due to 'res judicata' (the binding effect of a final judgment). The NHRCK said, "Fabian Salvioli also urged the protection of rights such as truth, justice, compensation, and prevention of recurrence for Korean victims of past history in June," and added, "It is the state's obligation to protect the basic rights of citizens by providing appropriate compensation to victims for human rights violations."

Earlier, on the 30th of last month, the Supreme Court ruled in favor of 71 victims of Emergency Measure No. 9 in the final appeal of a damages lawsuit filed against the state. Following this ruling, it is expected that the 71 victims will receive compensation from the state after a retrial, and since the ruling was made by the Supreme Court's full bench, the legal community anticipates that this will serve as a clear standard for future state compensation lawsuits by other victims of emergency measures.

This content was produced with the assistance of AI translation services.