Jang Jun-ha's Family Wins Second Trial in State Compensation Lawsuit... Court Orders Payment of 780 Million Won

Citizens are offering flowers at the altar set up in Seoul Plaza on March 28, 2013, during the national funeral ceremony for the late Jang Jun-ha.

[Asia Economy Reporter Kim Daehyun] The court has once again ruled that the state must compensate the bereaved family of the late Jang Junha, who served prison time for violating Emergency Measure No. 1 under the Park Chung-hee regime, with 780 million won.

On the afternoon of the 13th, the 21st Civil Division of the Seoul High Court (Presiding Judges Hong Seungmyeon, Lee Jaeshin, Kim Younghyun) ruled in the appeal trial of a damages claim lawsuit filed by five family members of Mr. Jang against the state, ordering the state to pay a total of approximately 780 million won, the same as the first trial.

Previously, Mr. Jang had advocated for the revision of the Yushin Constitution starting in 1973 and conducted the "One Million Signatures Petition Movement for Constitutional Amendment." The following year, he was arrested and detained without a warrant on charges of violating Emergency Measure No. 1. Mr. Jang was tried and sentenced to 15 years in prison and 15 years of disqualification about six months later.

Mr. Jang was released on medical bail in December 1974 due to angina but was found dead in August 1975 at Yaksabong in Pocheon, Gyeonggi Province.

However, in 2010, the Supreme Court ruled that Emergency Measure No. 1 was unconstitutional and invalid. The Constitutional Court also declared it unconstitutional in 2013. In the same year, the Seoul Central District Court, which handled the retrial, acquitted Mr. Jang after 39 years, and the bereaved family filed a damages claim lawsuit.

The first trial, which reviewed the case, accepted the family's claim in May 2020. It judged that the state committed an illegal act with intent or gross negligence against Mr. Jang, who was actually harmed by Emergency Measure No. 1.

It also stated, "At that time, the president knew that the issuance of Emergency Measure No. 1 did not comply with the Yushin Constitution and that the basic rights of the people could be directly and severely infringed upon," adding, "However, it is reasonable to see that it was issued to suppress the people's resistance to the Yushin regime."

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