Ministry of Justice Withdraws Appeal in National Compensation Lawsuit Filed by Family of Democratization Activist Jang Jun-ha

Minister Han Dong-hoon "Comprehensive Consideration of Bereaved Families' Pain and Prompt Damage Recovery"
1st and 2nd Trials Recognize State Compensation for Imprisonment Violating Park Jeong-hui Regime's 'Emergency Measure No. 1'

[Asia Economy Reporter Heo Kyung-jun] The Ministry of Justice has decided to forgo appealing a state compensation lawsuit filed by the bereaved family of the late democratization activist Jang Jun-ha. Last month, the court ruled that the state must compensate Jang’s family 780 million won.

On the 2nd, the Ministry of Justice announced that it would abandon the appeal against the appellate court ruling recognizing the state’s responsibility in the compensation lawsuit filed by Jang’s family, in order to expedite damage recovery.

Minister of Justice Han Dong-hoon stated, "The decision to forgo the appeal in the first appellate court ruling on state compensation related to Emergency Measure No. 1 comprehensively considered the Supreme Court precedent, the suffering of the bereaved family caused by the lawsuit that has lasted over nine years, and the importance of prompt damage recovery."

However, the Ministry of Justice noted that for similar ongoing cases, since the facts and legal issues may differ by case, it will respect the Supreme Court’s ruling but conduct a thorough review on a case-by-case basis.

The Civil Division 21 of the Seoul High Court (Presiding Judges Hong Seung-myeon, Lee Jae-shin, Kim Young-hyun) ruled on the 13th of last month that the state must pay a total of approximately 780 million won in damages, upholding the first-instance ruling in the appeal lawsuit filed by five family members of Jang, who was imprisoned under the Park Chung-hee regime for violating Emergency Measure No. 1.

Previously, Jang had advocated for revising the Yushin Constitution from 1973 and led 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. Jang was tried and sentenced to 15 years imprisonment and 15 years disqualification approximately six months later.

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. That same year, the Seoul Central District Court, which handled the retrial, acquitted Jang after 39 years, and the bereaved family filed a compensation lawsuit.

The first-instance court, which reviewed the case, accepted the family’s claims in May 2020, determining that the state had committed an illegal act with intent or gross negligence against Jang, who was actually harmed by Emergency Measure No. 1.

It further stated, "At that time, the president knew that the issuance of Emergency Measure No. 1 did not conform to the Yushin Constitution and that the basic rights of the people could be directly and severely infringed. However, it is reasonable to view 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.