Ministry of Unification's 44.7 Billion Won Damage Claim Against North Korea...Why Proceed Despite Practical Challenges?

Before 3-Year Statute of Limitations on Compensation Claims... Lawsuit Against North Korea
"Difficult to Obtain Compensation Amount... But Symbolic Meaning"

The government's decision to file a lawsuit seeking damages against North Korea for blowing up the Kaesong Inter-Korean Joint Liaison Office is a choice whose effectiveness is in question, but there is also analysis that it carries significant implications. Unification Minister Kwon Young-se said that although it is true that receiving compensation even if they win the case will not be easy, "it is very meaningful in the sense that we do not just overlook North Korea's illegal actions."

Recently, the Ministry of Unification filed a lawsuit seeking damages amounting to 44.7 billion won for North Korea's illegal destruction of the Inter-Korean Joint Liaison Office. Regarding the purpose of filing the lawsuit, the Ministry explained, "It is to suspend the statute of limitations on the right to claim damages, which will expire on the 16th, and to preserve the national claim."

[Image source=Yonhap News]

Under current law, the right to claim damages expires three years after the damage occurs or after the fact is recognized. To suspend the statute of limitations on the right to claim damages, which will expire on the 16th, the government filed the lawsuit seeking damages.

The plaintiff in the lawsuit is the Republic of Korea, and the defendant is the Democratic People's Republic of Korea. This is the first time the government has filed a lawsuit against North Korean authorities. The Ministry of Unification estimated the damage to national property caused by North Korea's destruction of the liaison office at 10.25 billion won for the liaison office building and 34.45 billion won for the adjacent comprehensive support center, totaling 44.7 billion won.

However, there are criticisms that even if the court orders compensation, enforcement is impossible, making it ineffective. In response, Minister Kwon said, "Even if we do not enforce it, just obtaining a favorable judgment is very meaningful."

Minister Kwon said on the 16th on CBS Radio's 'Kim Hyun-jung's News Show,' "To specifically secure (the claim), North Korea must have assets so that we can enforce the judgment after winning the case, but that part may not be easy," adding, "Securing North Korea's claims, preventing them from disappearing due to the statute of limitations, and stating that we will enforce this someday is very meaningful."

Minister of Unification Kwon Young-se. Photo by Yonhap News Agency

Minister Kwon explained that legally North Korea can be regarded as a non-corporate association and that there have already been cases where civilians filed lawsuits against North Korea. He said, "For example, former prisoners of war have filed claims for damages against North Korea," and added, "It is possible to file lawsuits against North Korea as much as one wants."

Meanwhile, the Inter-Korean Joint Liaison Office was established in the Kaesong Industrial Complex on September 14, 2018, following the 'April 27 Panmunjom Agreement' between the South and North Korean leaders that year. Its purpose was to closely coordinate inter-Korean consultations and guarantee civilian exchanges and cooperation. Although the site is owned by North Korea, 18 billion won of South Korean taxpayers' money was invested in construction costs.

However, North Korea unilaterally blew up the building on June 16, 2020. Prior to the explosion, Kim Yo-jong, First Deputy Director of the Workers' Party, expressed opposition to the distribution of leaflets to the North and hinted at the demolition order by saying, "You will witness the miserable sight of the useless Inter-Korean Joint Liaison Office collapsing without a trace," and three days later, North Korea blew up the building.

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