Court orders Yoon to compensate 105 claimants for distress caused by martial law crisis
The ruling in the civil case was in favor of 105 citizens who filed a suit against Yoon, demanding that former president pay 100,000 won ($75.30) in compensation per person.
'It is clear that the plaintiffs, who are members of the public, suffered pain expressed through fear, anxiety, despair and humiliation,' said the court Friday.
The court fully accepted the plaintiffs' claims that the causes of their emotional distress are closely related with the martial law declaration and Yoon's subsequent measures after the martial law imposition can be judged as 'intentional torts to person' as defined in Article 750 of the Civil Act.
'The defendant must compensate the plaintiffs for the psychological damage and an amount of 100,000 won per person is reasonably justified,' said the court, adding that Yoon would also be responsible for all legal expenses.
It was not the first time that citizens had sought compensation over a political crisis caused by a former president. A case concerning former President Park Geun-hye's abuse of power scandal in 2017 was dismissed by the top court in 2020.
Lawyers in this case argued that their suit was different from the 2020 case, as the former President Yoon committed an unconstitutional act of insurrection.
'The abuse of power under Park Geun-hye was a matter of personal misconduct. But former President Yoon's illegal actions went beyond mere illegality. They were unconstitutional and he was even impeached by the Constitutional Court. That's why this case must be viewed differently,' said the legal representatives after a pretrial hearing on June 27.
The Supreme Court of Korea previously ruled that the state was liable to compensate victims who had been arrested, punished or detained under the former President Park Chung-hee's emergency decree in 1975.
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Korea Herald
6 hours ago
- Korea Herald
[Lee Kyong-hee] Fake news, false reports, conspiracy theories
Within hours after President Yoon Suk Yeol declared martial law on Dec. 3, a rabid right-wing YouTuber contended that 99 Chinese spies were apprehended at an election management facility and transported to a US military base in Okinawa, Japan. Thereafter, social networks were rife with rumors that the Chinese accounted for 30 percent of anti-Yoon protesters demanding his impeachment. Nonsensical online demagoguery? Of course. But to many supporters of the disgraced YouTube-addicted former president, it rang true. After all, during his turbulent presidency, Yoon often blamed Chinese influence on domestic politics and elections without providing evidence. The Yoon supporters eventually descended on an enclave of lamb skewer restaurants mostly run by ethnic Koreans who left China for their ancestral homeland in search of better opportunities. Screams of 'Go back to China!' and 'Commies, disappear quickly from the Republic of Korea!' filled the air near Konkuk University, eastern Seoul. The pathetic scene of violence evoked a sense of deja vu. Rewind to July 1931, when Japan hyped a minor dispute between local Chinese farmers and Korean settlers in Manchuria to justify its aggression. The dispute began when a group of Koreans subleased land outside of Wanpaoshan village, north of Changchun, Jilin province, and began digging an irrigation ditch in an area not included in the sublease. Some 400 Chinese farmers, armed with farming tools, confronted the Koreans, and the Japanese consulate in Changchun dispatched police under the pretext of protecting subjects of their empire. The Chinese security authorities also sent police. The clash ended with several Chinese wounded, but Japanese police officers and Korean farmers unharmed. To ignite anti-Chinese sentiment, the Japanese colonial authorities had Korean newspapers publish fabricated reports claiming that hundreds of Koreans were killed during the so-called 'Wanpaoshan Incident.' Anti-Chinese riots erupted across Korea, causing hundreds of Chinese casualties and major property damage. Meanwhile, anti-Korean riots in China continued under Japan's wartime propaganda. Months later, a New York Times dispatch from Changchun dated Nov. 4 said: 'Fully 10,000 Korean farmers have been massacred by Chinese or slain while defending their homesteads during the last six weeks in Jilin Province alone, according to an estimate given out here today by a Japanese General commanding a division of 5,500 troops.' The media manipulation thus turned a minor skirmish between farming groups into a major conflict, devastating an ethnic community and eventually dealing a fatal blow to Korean independence movements in the broader Manchurian region. Fast forward to chaotic post-liberation Korea in 1945. Freed at last from four decades of harsh foreign rule, Koreans failed to achieve national unity and fell victim to great power politics. Again, newspapers played a role -- significant, if not decisive -- in the partition of the peninsula under two contesting regimes. In the summer of 1945, Koreans expected their country would quickly become free and independent again. They were not aware that the big powers, under US initiative, were considering a four-power trusteeship that might last as long as 40 to 50 years. The trusteeship issue was resolved by the foreign ministers of the US, the UK and the Soviet Union, who convened in Moscow in December 1945. Their communique, adopting the Soviet draft concerning the Korean question, stipulated a four-power trusteeship for up to five years to supervise a unified provisional Korean government, which would be established by a US-Soviet joint commission. On Christmas Day, before the announcement of the final decision, the United Press reported from Washington that 'Secretary of State Byrns went to Russia reportedly with instructions to urge immediate independence as opposed to the Russian thesis of trusteeship.' Korean media carried the story on Dec. 27, each editing and compiling it as they saw fit. The news bombarded the already polarized political scene. The idea of 'trusteeship' itself was unacceptable; anti-trusteeship became a strong rallying point for the right. The rightist Dong-A Ilbo had an inflammatory headline: 'Soviet Union Asserts Trusteeship; United States Asserts Immediate Independence.' The rightists seized upon the opportunity to denounce communists as 'country-selling Soviet stooges.' The US Military Government in Korea added to the confusion by deliberately implying that trusteeship was solely a Soviet policy. Amid extreme confrontation between the right and the left, leading politicians from both camps were assassinated. The turmoil ever deepened. The North-South division perpetuated. Much about the controversial newspaper reports on the Moscow conference, regarded as among the worst Korean press performances to date, remains a mystery. None of the newspapers offered an apology for false reporting, disregarding the basic principles of fact-checking and verification, nor did they elucidate the background of their reporting. Most recently, the press coverage of the visit by Morse Tan, a Korean American law professor and former US ambassador-at-large for global criminal justice, raises questions about his identity as well as evidence of his claims about election fraud in South Korea and President Lee Jae-myung's childhood. The press should focus more on fact-finding to enhance accountability and win back the public's trust, which has been lost to social media. Today's information disorder and consequent conundrum, complicated by the proliferation of new media and the ever-present foreign interference, requires unwavering journalistic integrity and professionalism. News consumers also need to improve their information literacy. Ultimately, they get the media they deserve.
Korea Herald
21 hours ago
- Korea Herald
Yoon's insurrection trial on hold as courts begin summer recess
Former President Yoon Suk Yeol's criminal insurrection trial over his short-lived martial law imposition, will be put on hold, as courts across the country begin a summer recess on Monday. The Seoul Central District Court, where Yoon's trial is being held, is scheduled to enter a two-week annual summer recess period from Monday to Aug. 8, a notice posted on its website showed Sunday. During this period, the court will have a reduced schedule for hearings. For all civil cases, hearings and preparatory and conciliation proceedings will be temporarily halted. Dates for criminal trials without detention and hearings and trials that 'do not have a significant impact on human rights' will not be held in the cited period. However, hearings on motions for provisional attachment or preliminary injunctions of civil cases, reviews of criminal trials for defendants held in custody, detention hearings before arrest and related reviews, will be carried out as scheduled during recess. Other trials and proceedings can also continue, if the court deems it necessary. Other courts nationwide will adopt similar rules during their respective summer recess period, which would take place around late July to mid-August. The Seoul Central District Court has so far held 12 hearings for Yoon's insurrection trial. Yoon has not attended his trial for three consecutive hearings, citing poor health. He is currently detained at the Seoul Detention Center in Uiwang, just south of the capital. After the two-week recess wraps-up, Yoon faces a separate trial at the Seoul Central District Court, over additional charges of abuse of power and violating the Presidential Records Act, tied to his martial law bid. The charges were brought by the special counsel team led by prosecutor Cho Eun-seok and the first preparatory hearing is scheduled for Aug. 19. The next hearings in the trials of Yoon's aides, including that of former Defense Minister Kim Yong-hyun, will not take place until mid-August. Kim has been charged with insurrection and abuse of power for deploying the military to the National Assembly in an unsuccessful attempt to block lawmakers from voting to overturn Yoon's martial law decree.
Korea Herald
a day ago
- Korea Herald
Pro-Yoon lawmaker quizzed in special counsel probe
Rep. Yoon Sang-hyun, a lawmaker of the conservative People Power Party, was quizzed Sunday by investigators looking into influence-peddling allegations against Kim Keon Hee, former President Yoon Suk Yeol's wife. The five-time lawmaker, who was considered one of Yoon Suk Yeol's leading supporters, appeared for questioning at the office of the special counsel leading the investigation. Asked about his stance on claims he had helped Yoon and Kim interfere in the party's nomination process for a National Assembly by-election, he said he would "faithfully cooperate with" the investigation. His questioning follows a search and seizure operation to raid his home and his office at the National Assembly on July 8. The 62-year-old lawmaker, who led the People Power Party's candidate nomination for a June 2022 parliamentary by-election, was allegedly involved in arranging for the People Power Party to choose Kim Young-sun as candidate for a legislative seat representing a constituency in Changwon, South Gyeongsang Province. The constituency was considered a right-wing stronghold, and Kim was nominated by lawmaker Yoon to run for the by-election as the candidate for the People Power Party. Kim won the election and served in the National Assembly until May 2024. About a month before Yoon's botched martial law attempt, the Democratic Party of Korea revealed in late October a recording of a phone conversation between the former president and Myung Tae-kyun, who was a political consultant for the ex-president during his presidential campaign. In the phone call, Yoon, who won the presidential election in March 2022, told Myung that he had insisted to Rep. Yoon that Kim Young-sun be chosen to run for a parliamentary seat. Myung, who ran an election polling and forecasting company, said he would "never forget kindness." The phone call was recorded just before Yoon was inaugurated in May 2022, according to the Democratic Party. A separate probe by the prosecution in December indicated that Kim had wired some 80 million won ($58,000) in 11 installments in 2022 to Myung, in violation of the Political Funds Act. Both Kim Young-sun and Myung were held awaiting trial for about five months but were released in April. The criminal court cases against them are ongoing. While appearing for questioning Sunday, Yoon declined to answer a reporter's question over whether he had a discussion with the former president about candidate nominations.
