800 Million KRW Compensation Confirmed for Sergeant Jeong Seon-yeop's Family of 'Spring in Seoul' Case

Court: "Distorted and Concealed as Gun Death Despite Being a War Casualty"
Government Does Not Appeal, Verdict Finalized

The court ruling that the state must compensate the bereaved family of the late Sergeant Jeong Seon-yeop, who died from gunfire while guarding the Ministry of National Defense bunker during the December 12 military coup, has been finalized as the government has decided not to appeal. Sergeant Jeong’s life has recently drawn attention after the depiction of his death in the film "Spring in Seoul," which deals with the December 12 incident.

Sergeant the late Jeong Seon-yeop [Photo by Dongshin High School Alumni Association]

On the 23rd, Yonhap News reported that the first-instance court ruling in favor of Sergeant Jeong’s family in their lawsuit against the state for damages was finalized as the government did not file an appeal. Judge Hong Joo-hyun of the Seoul Central District Court Civil Division 202, who presided over the first trial, ruled on the 5th that "the state must compensate the bereaved family with 20 million won per person, totaling 80 million won."

Sergeant Jeong was serving as a sentry at the Ministry of National Defense in Yongsan, Seoul, during the December 12, 1979 coup when he was shot and killed by the rebel forces. This occurred just three months before his discharge. At the time, the Ministry of National Defense did not recognize Sergeant Jeong’s death as a "war casualty," instead classifying it as a "line-of-duty death" caused by a firearm accident due to mistaken identity by the martial law troops. According to military personnel law, a person who dies "in combat with the enemy or in acts to prevent armed riots or rebellions" is classified as a war casualty, while those who die "during duty performance or training" are classified as line-of-duty deaths.

It was only through the investigation by the Military Death Accident Truth Commission in 2022, 43 years later, that it was revealed Sergeant Jeong died from gunfire while resisting the rebel forces. Subsequently, the Ministry of National Defense changed the classification of his death from "line-of-duty" to "war casualty."

The bereaved family filed a lawsuit claiming compensation, arguing that the state had tarnished the deceased’s honor. The Ministry of National Defense countered that since the family pension had already been paid under the line-of-duty death classification, no separate compensation could be provided.

Bereaved family members commemorating the late Sergeant Jeon Seon-yeop
[Photo by Yonhap News]

The court ruled in favor of the family, stating, "The deceased was killed while resisting the disarmament by the rebel forces while on duty at the Ministry of National Defense B-2 bunker," and "Although he was a war casualty, the state distorted and concealed the circumstances of his death by classifying it as a line-of-duty death due to a firearm accident caused by mistaken identity by the martial law troops." The court added, "It is clear that the state’s illegal actions infringed upon the deceased’s life and freedom, as well as the bereaved family’s honor, emotions, and legal treatment. Therefore, the state is responsible for compensating the family for mental damages under the State Compensation Act."

Meanwhile, Sergeant Jeong Seon-yeop recently drew attention as the character "Sergeant Jo Min-beom," who died defending the underground bunker of the Army Headquarters, in the film "Spring in Seoul," which portrays the December 12 incident.

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