Government Files First Ever Compensation Lawsuit Against North Korea Over 'Liaison Office Explosion' (Comprehensive)
North Korea Blasted Office 3 Years Ago in Response to Anti-North Leaflets
Statute of Limitations Expires on 16th This Month... "Preserving State Claims"
Ministry of Unification: "North's Violent Method Is a Clear Illegal Act"
The government has filed a damage compensation lawsuit for the first time to hold North Korea accountable for the illegal demolition of the Inter-Korean Joint Liaison Office.
Ku Byung-sam, spokesperson for the Ministry of Unification, stated at a briefing held at the Government Seoul Office Building on the afternoon of the 14th, "The government submitted a complaint to the Seoul Central District Court around 2 p.m. today against North Korea to claim damages, in order to suspend the statute of limitations on the damage compensation claim, which will expire on the 16th, and to preserve national claims."
Koo Byung-sam, spokesperson for the Ministry of Unification, is making a statement on the afternoon of the 14th at the Government Seoul Office in Jongno-gu, Seoul, regarding the filing of a damages claim lawsuit in a domestic court related to the incident of the Inter-Korean Joint Liaison Office that North Korea blew up three years ago.
[Photo by Yonhap News]
According to the Ministry of Unification, the total damage to state-owned property caused by North Korea's unauthorized demolition of the Inter-Korean Joint Liaison Office building and the adjacent Comprehensive Support Center building was calculated at 44.7 billion KRW. The detailed damage amounts are 10.25 billion KRW for the Liaison Office and 34.45 billion KRW for the Comprehensive Support Center.
Previously, North Korea, led by Kim Yo-jong, Deputy Director of the Workers' Party, reacted against the distribution of leaflets to the North in the spring of 2020, and unilaterally demolished the Liaison Office in Kaesong Industrial Complex on June 16 of the same year. Under civil law, the right to claim damages expires three years after the damage occurs or the fact is recognized. Accordingly, the government took legal action on this day to prevent the statute of limitations from expiring.
Spokesperson Ku said, "North Korea's violent demolition of the Liaison Office is clearly an illegal act under the law," and added, "It also violates inter-Korean agreements such as the Panmunjom Declaration and fundamentally undermines the foundation of mutual respect and trust between the two Koreas." He further stated, "The government will proceed with the lawsuit in cooperation with related ministries."
Defendant Kim Jong-un... 'North Korea is a Non-Corporate Entity, Not a State'
The unauthorized demolition of the Inter-Korean Liaison Office by North Korea on June 16, 2020
View original imageThis lawsuit is the first filed by our government against North Korean authorities. The government designated the defendant as the "Democratic People's Republic of Korea" and the plaintiff as the "Republic of Korea." It is known that the defendant party is specified as "Representative of the Democratic People's Republic of Korea, Kim Jong-un," and the plaintiff party as "Legal representative of the Republic of Korea, Minister of Justice."
An official from the Ministry of Unification explained, "The lawsuit was filed on the premise that North Korea is a 'non-corporate entity,' not a state," adding, "Even as a non-corporate entity, North Korea's status and character under our constitution remain intact, and its capacity as a party to illegal acts is recognized." A non-corporate entity refers to an organization formed for a specific purpose but lacking legal personality; North Korea is generally classified as a non-corporate entity under the law rather than a state.
However, it is uncertain whether the lawsuit against North Korean authorities will be effective. Even if the court issues a compensation ruling, it is impossible to enforce it forcibly against North Korea. There is also an option to refer North Korea to the United Nations International Court of Justice (ICJ), but this requires "mutual consent," so even if the South files a case, if the North does not agree, the referral itself cannot be established.
A government official explained, "The main purpose is not damage compensation but to demonstrate the principle and will to respond firmly rather than passively tolerate North Korea's arrogant attitude and illegal acts." This lawsuit is interpreted as reflecting the Yoon Suk-yeol administration's North Korea policy, which aims for "principled inter-Korean relations." Some voices warn that this measure may further escalate tensions between the two Koreas.
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Meanwhile, the government is also considering measures to hold North Korea accountable for the unauthorized operation of South Korean facilities in the Kaesong Industrial Complex and the unauthorized dismantling of South Korean facilities in the Mount Kumgang tourism zone.
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