SEOUL – In a significant victory for victims of the notorious Samcheong Education Corps, South Korea's Supreme Court has issued a series of landmark rulings holding the state liable for compensation for the brutal forced labor and human rights abuses endured during the Chun Doo-hwan military regime in 1980. These decisions mark the first time the Supreme Court has definitively affirmed the state's responsibility to provide redress to these victims.
The First Division of the Supreme Court recently dismissed the government's appeal in a damages lawsuit filed by a victim identified as Mr. A. This dismissal, without a separate hearing, upholds the lower court's decision that the state must pay 200 million won in compensation. Mr. A was one of approximately 40,000 individuals forcibly taken to the Samcheong Education Corps in August 1980 under the guise of "purification education." There, he suffered severe maltreatment and was subsequently imprisoned in Cheongsong Prison for three years. He filed his lawsuit in July 2023, seeking compensation for the enduring mental anguish he experienced.
The lower courts had sided with Mr. A, emphasizing that he was subjected to the abusive program under a clearly illegal martial law proclamation, forced into labor while detained, and placed under protective custody. The courts also highlighted the prolonged delay in the state providing compensation for these illegal acts.
A key point of contention in the legal battle was the statute of limitations. The government argued that Mr. A's claim had expired, citing the Civil Act's three-year limit from the date the victim becomes aware of the damage and the perpetrator, potentially dating back to his release in 1983. However, the court astutely reasoned that at the time of his release, there was no societal consensus recognizing the state's actions as illegal. The court determined that the statute of limitations should be calculated from August 30, 2022, the date when the Supreme Court first established the precedent that the state must compensate victims of illegal state acts under the Yushin Constitution. As Mr. A filed his lawsuit less than three years after this landmark ruling, his claim was deemed valid.
Adding to this significant development, the Supreme Court also upheld a lower court ruling on the 24th, ordering the state to pay a total of 1.4 billion won to 12 other Samcheong Education Corps victims who had previously received fact-finding decisions from the Truth and Reconciliation Commission (TRC) for Past Affairs. The court dismissed the government's appeal in this case as well.
These rulings are being hailed as a major step forward for the victims. Attorney Oh Min-geun, representing Mr. A, emphasized the significance of the verdict, stating that it confirms the state cannot evade responsibility based on the statute of limitations, even for victims who did not receive an initial TRC finding. Similarly, Attorney Cho Young-sun, representing the 12 victims in the other case, lauded the decision as crucial in affirming that the statute of limitations is not a barrier to compensation, regardless of a prior TRC decision.
The Samcheong Education Corps program, implemented in the early 1980s, was a dark chapter in South Korea's history, involving the arbitrary detention and brutal treatment of tens of thousands of civilians under the pretext of social purification. These recent Supreme Court decisions offer a measure of justice and recognition for the long-suffering victims and underscore the state's responsibility to address past human rights abuses. The rulings are expected to pave the way for further compensation claims from remaining victims, signaling a potential turning point in the decades-long struggle for accountability.
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