[Breaking] Supreme Court Overturns and Remands Case of Former Colonel Hwang, Forced to Discharge During 'Yun Pil-yong Incident'

Overturning Lower Court Ruling That Statute of Limitations Had Expired

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Court overturned the second trial ruling that dismissed a damages claim lawsuit filed by a former army colonel and his family, who were tortured and forcibly discharged during the Park Chung-hee Yushin regime in connection with the 'Yun Pil-yong Incident,' 44 years ago.

On the 7th, the Supreme Court's 2nd Division (Presiding Justice Cho Jae-yeon) overturned the lower court ruling that had ruled against the plaintiffs?Mr. Hwang, who wrote a discharge application after enduring torture and abuse by investigators of the Military Security Command during the 1973 'Yun Pil-yong Incident,' along with his wife and daughter?and sent the case back to the Seoul High Court. The plaintiffs had claimed 440 million won in damages against the Republic of Korea.

Previously, the first and second trials judged that, unlike cases where a person was illegally detained without a court ruling and later convicted and imprisoned, even before the invalidation of the discharge was confirmed, there was no obstacle to claiming damages, and thus the statute of limitations had expired.

However, the Supreme Court stated, "It should be recognized that the plaintiffs could not have been aware that they could claim state compensation on the same grounds before the final judgment confirming the invalidity of the discharge and the confirmation of the facts of torture, assault, and other harsh acts related to the discharge through the lawsuit to confirm the invalidity of the discharge." It added, "Only when the final judgment confirming the invalidity of the discharge is made does the short statute of limitations for the state compensation claim due to harsh acts and discharge begin to run," explaining the reason for overturning and remanding the case.

The 'Yun Pil-yong Incident' refers to the case in April 1973 when Yun Pil-yong, then Commander of the Capital Security Command (Major General), was arrested along with about ten soldiers on charges including plotting a coup after he reportedly said at a drinking party to Lee Hu-rak, then Director of the Central Intelligence Agency, "President Park Chung-hee is aging, so you, brother, should become the successor." More than 30 soldiers were discharged in connection with the incident.

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