Victims of Emergency Measure No. 9 from the Buma Uprising Confirmed Victorious in Compensation Lawsuit

Victims who were illegally detained and assaulted on charges including violation of Emergency Measure No. 9 during the 1979 Bu-Ma Democratic Uprising won a damages lawsuit against the state.

Court logo. Photo by Jinhyung Kang aymsdream@

According to the legal community on the 18th, the 1st Civil Division of the Changwon Branch of the Busan High Court (Chief Judge Jo Gwang-guk) ruled on the 15th of last month that the state must pay consolation damages to 16 plaintiffs, including victim A, who filed a damages lawsuit against the state related to the Bu-Ma Uprising. The consolation damages were set at around 10 million to 20 million KRW depending on individual circumstances. This ruling was finalized on the 5th after both the plaintiffs and the defendant accepted it.

Victim A and others were arrested while protesting in Masan during the Bu-Ma Uprising in October 1979 and were illegally detained and beaten for up to 22 days. Subsequently, they were recognized as persons related to the Bu-Ma Uprising under the Bu-Ma Uprising Compensation Act starting in 2016 and filed a damages lawsuit against the state in June 2019.

In March 2021, the first trial dismissed the plaintiffs' claims, citing a 2015 Supreme Court ruling that stated the exercise of emergency powers under the Yushin Constitution was a "highly political" state act and thus did not require compensation.

However, in August last year, the Supreme Court's full bench ruled that the issuance of Emergency Measure No. 9 and the entire execution process by public officials were illegal, and therefore the state must compensate the victims, which changed the outcome of the appeal in this case.

The court stated, "It is clear that the plaintiffs suffered significant mental shock and pain due to illegal arrest and detention under the unconstitutional and null Emergency Measure No. 9, even receiving guilty verdicts," and ruled, "The defendant is responsible for the mental damages suffered by the plaintiffs."

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