[Exclusive] Court: "Gwangju Minjuhwa Movement's Mental Compensation Must Distinguish Between Damages and Consolation Money"

"Advance Compensation Is Other Support Money... Must Be Distinguished from Alimony"
Court Orders 300 Million Won Compensation to Victim... Expected Impact on Future Trials

Martial law troops deployed to Geumnam-ro during the May 18 incident [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] A ruling has been made that broadly recognizes the government's compensation scope by distinguishing between consolation money already received and damages for mental suffering related to the May 18 Gwangju Democratization Movement. Since problems were found in previous rulings that confused consolation money with damages and thus underestimated compensation amounts, this is expected to have a significant impact on related future trials.

According to the court on the 3rd, the Civil Division 22 of the Seoul Central District Court (Presiding Judge Jeong Jaehee) recently ruled in a damage compensation lawsuit filed by Mr. Kim, who was wrongfully detained during the democratization movement, ordering the government to pay Mr. Kim 300 million won.

Previously, Mr. Kim was arrested by martial law troops in Gwangju on May 27, 1980, forced to make false confessions under torture, and detained for 941 days on charges including violation of martial law. He was acquitted in a retrial in 1999 and received a total compensation of about 123 million won in two installments under the former Gwangju Democratization Movement Compensation Act. This included approximately 20 million won as consolation money. Later, Mr. Kim's side separately claimed 'mental damage compensation,' stating that he endured an innocent prison life and was subjected to inhumane treatment even in detention facilities.

During the trial, the issue centered on the consolation money Mr. Kim had previously received and the criteria for calculating damages. In fact, the court had confused the already paid consolation money with damages, failing to distinguish between the two, resulting in significant discrepancies in the recognized scope of compensation related to the democratization movement. In October last year, the Seoul Central District Court ruled in a damage compensation lawsuit filed by Mr. Park, who made announcements via loudspeaker from a car during the Gwangju Democratization Movement, limiting the compensation to 15 million won by mistaking previously received consolation money as damages. The court held that since consolation money had been received in prior compensation, it should be deducted when calculating damages.

Mr. Kim's lawyer argued, "The previous precedent is a legal misunderstanding regarding damages. Consolation money is given merely as an expression of moral apology, while damages are legal compensation for mental suffering. Receiving consolation money should not be deducted from damages."

Additionally, the 'economic development theory' related to the democratization movement was emphasized during the trial. Mr. Kim's lawyer stated, "While some wealthy countries admired in Asia and South America collapsed due to national bankruptcy, Korea entered the advanced country status with a per capita Gross National Income (GNI) of $30,000 mainly because of the success of democratization. Risking their lives to overcome military dictatorship and achieve democratization allowed Korea to grow into a global economic powerhouse. Therefore, even paying 10 billion won is not excessive," he appealed.

The court accepted Mr. Kim's argument. It stated, "It is acknowledged that money was paid under the name of consolation money in addition to compensation, medical support, and living support under the former Gwangju Democratization Movement Compensation Act. However, consolation money is a type of other support based on Article 22 of the former Act. It is a form of social security support paid to those recognized as needing livelihood support related to the Gwangju Democratization Movement and is thus distinguished from damages, which are compensation for mental suffering."

Furthermore, the court noted, "Compensation was delayed for about 40 years since the illegal act occurred, during which inflation and currency value changed significantly," and explained that the compensation amount was calculated using the Bank of Korea's 'GDP deflator,' a statistical figure reflecting the overall price level changes in the national economy.

The same judgment was applied to the late Mr. Heo and Mr. Lee, who suffered similar hardships and filed lawsuits together. The court ordered the government to compensate about 290 million won in total to Mr. Heo's wife and children and 150 million won to Mr. Lee.

Shin Hyunho, lead attorney at Law Office Haewool representing Mr. Kim and others, said, "It is meaningful that the historical and economic contributions to the Gwangju Democratization Movement were recognized, but it is regrettable that the damages are insufficient compared to the sacrifices. Appropriate social compensation must be provided to those who sacrificed themselves when human rights are trampled so that dictatorship cannot take root."

On May 18, 2020, citizens visiting the National Museum of Korean Contemporary History in Jongno-gu, Seoul, are viewing the special exhibition commemorating the 40th anniversary of the May 18 Democratic Uprising, titled "If That May Day Comes Again." Photo by Hyunmin Kim kimhyun81@