Bereaved Family of Martyr Whose Sister Died and Brother Was Assaulted by Martial Law Troops Wins Mental Damages Lawsuit
A bereaved family member who suffered a disability due to indiscriminate beating while searching for his younger sister, who died by the gunfire of martial law troops during the May 1980 democratization movement, will receive compensation for mental damages from the state.
On the 29th, Jeong Ji-seon, presiding judge of the 6th Civil Division of the Gwangju District Court, announced that in a lawsuit filed by bereaved family member A against the state for damages related to the May 18 victims, the court ruled partially in favor of the plaintiff, stating that the state must compensate A for mental damages.
A’s younger sister, Son Ok-rye, a high school student preparing for employment, had not returned home for several days as of May 23, 1980. While searching various parts of the city with their parents, A was beaten all over by martial law troops.
A later learned that his sister had died from gunshot and stab wounds inflicted by the martial law troops. It was confirmed that she was killed with her left chest pierced by a sharp object, but the exact circumstances were not clarified.
Subsequently, A’s parents suffered from aftereffects and passed away in 1981 and 1986, respectively.
A’s younger brother was also captured by martial law troops on his way back from church during the May democratization movement and was beaten until his release, suffering lifelong epilepsy symptoms and deep mental anguish.
A himself developed post-traumatic stress disorder and neurotic depression, eventually being registered as mentally disabled in 2008.
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The court stated, "The mental suffering of plaintiff A appears to be caused by a complex combination of factors, including not only the illegal acts suffered in May 1980 but also the death of his sister and the damages and pain experienced by other family members involved." The court added, "Considering the circumstances of the case, we have determined the compensation for the plaintiff’s mental damages."
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