On August 18, a damages lawsuit holding both former President Yoon Sukyeol and his wife Kim Kunhee jointly liable for the declaration of martial law was filed.

On this day, Lawyer Kyungho Kim of Law Office Hoin submitted a complaint to the Seoul Central District Court on behalf of 12,225 citizens, seeking 100,000 KRW in compensation per person from former President Yoon and Ms. Kim.

On the 18th, at the Seoul Central District Court in Seocho-gu, Seoul, Lawyer Kim Kyungho of Law Office Hoin (right) is stating the related position ahead of filing the complaint for damages regarding the 'December 3 Emergency Martial Law' lawsuit against former President Yoon Seokyeol and his wife. Although there have been damage lawsuits filed against former President Yoon regarding the martial law, this is the first time a lawsuit holding Kim Kunhee accountable has been filed. Photo by Yonhap News

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Lawyer Kim explained, "This lawsuit involves a total of 12,225 plaintiffs, and if all of them are listed in the complaint and judgment, it would not only be cumbersome but also cost 1.1 billion KRW just for service of process fees." He continued, "By utilizing the representative plaintiff system under Article 53 of the Civil Procedure Act, we have designated one representative plaintiff to receive service of process, and the legal effect will extend to the other plaintiffs as well."

He added, "As long as there are new participants before the conclusion of the pleadings and a list of new representative plaintiffs with their consent is submitted, participation in the lawsuit will remain valid." This means that new participants can join the lawsuit until it is concluded.

This lawsuit is being conducted using the representative plaintiff system, allowing new participants to join until the end of the proceedings. Under the Civil Procedure Act, multiple victims can file a lawsuit together either through joint litigation or the representative plaintiff system. In such cases, either all victims become joint plaintiffs, or a designated individual acts as the plaintiff on behalf of all, conducting the dispute for the group.

Lawyer Kim argued, "According to media reports and related evidence, the true motive behind the December 3 Emergency Martial Law was to cover up the 'Kim Kunhee risk' and the passage of the special prosecutor bill. In fact, during this process, Ms. Kim reportedly communicated with insurrectionist forces using a secure phone." He claimed, "She bears responsibility as a de facto joint tortfeasor."

On the evening of the 3rd, President Yoon Sukyeol declared martial law, and on the night of the 4th, martial law troops are entering the main building of the National Assembly in Seoul. Photo by Yonhap News

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President Yoon Sukyeol is attending the "7th impeachment trial hearing of President Yoon Sukyeol" held at the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jinhyung

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Former President Yoon Sukyeol's wife, Kim Gunhee, is coming out after attending the pre-arrest detention hearing at the Seoul Central District Court in Seocho-gu, Seoul on the afternoon of the 12th. Photo by Joint Press Corps

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Lawyer Kim stated that he plans to obtain materials from the special prosecutor to secure evidence of Ms. Kim's involvement in the declaration of martial law.

Previously, on July 25, the Seoul Central District Court ruled in favor of 104 citizens who claimed to have suffered psychological harm due to former President Yoon's declaration of martial law, ordering the payment of 100,000 KRW in compensation to each of them.