Court Orders Compensation for Victims of State Violence During 1980 Protests

In a significant ruling, the Seoul High Court has determined that the South Korean government must compensate individuals who were tortured after participating in protests against the military's violent suppression of the 5.18 Democratic Movement and the 12.12 Incident. On July 5, the court announced that poet Park Mong-koo and nine others are to receive a total of 526.13 million won (approximately $440,000), which is an increase of about 120 million won from the initial ruling.

The plaintiffs were unlawfully arrested and detained without warrants by the martial law command during protests in 1980, where they faced severe abuse, including torture. Initially convicted of violating martial law, they were later exonerated in retrials held between 1998 and 2022. In August 2021, they filed a lawsuit seeking damages ranging from 30 million to 615 million won per person against the state.

The first trial concluded that the government's actions constituted a violation of legal order and caused significant mental suffering to the victims and their families. The appellate court upheld this decision, recognizing the unlawful detention and abuse, and increased the compensation by an additional 10 to 20 million won per individual, considering the impact of being pursued by the martial law command and expulsion from their schools.

The government argued that the victims had lost their right to claim compensation due to the expiration of the statute of limitations. However, the court countered that the previous compensation law had restricted claims until it was deemed unconstitutional in May 2021, thus supporting the victims' case.