Top court accepts state's compensation liability to 1970s activists
The Supreme Court acknowledged the state's liability to compensate victims of an autocratic presidential decree enforced in the 1970s in its ruling Tuesday. The top court made the ruling in a lawsuit filed against the state by 71 people who served prison terms for violating Presidential Emergency Decree No. 9 during the regime of Park Chung-hee, and their bereaved families.
"State liability for compensation can be recognized for damages suffered by individuals who underwent coercive investigations or served prison sentences after being convicted under the emergency decree," the Supreme Court said, noting that the decree, which was enforced in May 1975 to prohibit all politically motivated activities and gatherings, violated people's basic rights and can be seen as an illegal act under civil law.
Tuesday's ruling is a reversal of the top court's previous verdict reached seven years ago on the state's liability to the victims of the same decree. In 2015, the Supreme Court didn't recognize the state's compensation liability to the victims of the decree, saying the decree was only the state's high-level political act and thus cannot be seen as an illegal act. But the Constitutional Court had declared Presidential Emergency Decrees No. 1, 2 and 9 as unconstitutional in 2013, saying that the measures had violated the basic rights of citizens. The Supreme Court also had ruled the decrees invalid.
Given that the state exists to ensure people's basic rights, Tuesday's ruling is obvious, though belated. The Supreme Court should painfully accept the criticism that its failure to play a proper role has delayed the realization of justice. The ruling means a lot in that it rectifies the judiciary's shameful past.
However, the scars of all victims will not be healed simply by this ruling alone. Still, there are some victims who cannot receive compensation because of their final verdict of defeat in relevant lawsuits arising from the Supreme Court's 2015 judicial precedent. There must be practical measures to salvage justice for those who are blocked from receiving compensation.
The Supreme Court acknowledged the state's liability to compensate victims of an autocratic presidential decree enforced in the 1970s in its ruling Tuesday. The top court made the ruling in a lawsuit filed against the state by 71 people who served prison terms for violating Presidential Emergency Decree No. 9 during the regime of Park Chung-hee, and their bereaved families.
"State liability for compensation can be recognized for damages suffered by individuals who underwent coercive investigations or served prison sentences after being convicted under the emergency decree," the Supreme Court said, noting that the decree, which was enforced in May 1975 to prohibit all politically motivated activities and gatherings, violated people's basic rights and can be seen as an illegal act under civil law.
Tuesday's ruling is a reversal of the top court's previous verdict reached seven years ago on the state's liability to the victims of the same decree. In 2015, the Supreme Court didn't recognize the state's compensation liability to the victims of the decree, saying the decree was only the state's high-level political act and thus cannot be seen as an illegal act. But the Constitutional Court had declared Presidential Emergency Decrees No. 1, 2 and 9 as unconstitutional in 2013, saying that the measures had violated the basic rights of citizens. The Supreme Court also had ruled the decrees invalid.
Given that the state exists to ensure people's basic rights, Tuesday's ruling is obvious, though belated. The Supreme Court should painfully accept the criticism that its failure to play a proper role has delayed the realization of justice. The ruling means a lot in that it rectifies the judiciary's shameful past.
However, the scars of all victims will not be healed simply by this ruling alone. Still, there are some victims who cannot receive compensation because of their final verdict of defeat in relevant lawsuits arising from the Supreme Court's 2015 judicial precedent. There must be practical measures to salvage justice for those who are blocked from receiving compensation.
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