Supreme Court: After Acquittal in Retrial, Related Parties Can Also Claim Damages Against the State

Supreme Court in Seocho-dong, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that related victims can also claim damages if the victim of an incident from decades ago is acquitted through a retrial. This decision came as the court recognized the claim rights of Yoon Hyekyung, the wife of Jang Euikyun, a victim of a spy case during the Chun Doo-hwan regime, in a lawsuit seeking damages for the state's illegal acts such as unlawful detention at the time.

On the 18th, the Supreme Court's 2nd Division (Presiding Justice Park Sangok) announced that it overturned the lower court's ruling which had judged that Yoon had no claim rights in the damages lawsuit filed by the Jang couple against the state, and remanded the case to the Seoul High Court.

In 1987, Jang was subjected to harsh treatment under unlawful detention without a warrant by investigators from the Agency for National Security Planning (ANSP). The ANSP also forcibly took Yoon for investigation for five days, during which Jang’s false confession and Yoon’s statements were used as evidence in the following year when Jang was sentenced to eight years in prison for violating the National Security Law by the Supreme Court.

Later, Jang filed for a retrial in 2014 and was acquitted three years later. It was recognized that illegal evidence collection, including harsh treatment during the investigation, had occurred. Accordingly, the plaintiffs filed a lawsuit against the state in 2018 demanding compensation for damages.

The first trial ruled that the state must compensate Jang with 800 million won and Yoon with 200 million won. Considering the historical context, it was sufficiently recognized that Jang and his family suffered damages from being stigmatized as 'spies.'

However, the second trial judged that the claim for damages regarding Yoon’s unlawful detention had already expired due to the three-year statute of limitations. Since the illegal acts against Yoon ended in 1987, the claim period had long passed.

Nevertheless, the Supreme Court ordered a retrial and judgment. Since Yoon was also a victim of unlawful detention, she can receive compensation for damages. The court stated, "It is reasonable to consider that Yoon and others realistically and concretely recognized the facts constituting the illegal acts only after the acquittal of Jang’s guilty verdict was confirmed. Since Yoon filed this lawsuit within three years from the date the criminal retrial verdict acquitting Jang was finalized, the statute of limitations for the claim cannot be considered completed."