[Breaking News] Supreme Court Recognizes State Liability for Damages to Emergency Measure No. 9 Victims for the First Time... Overturning a Ruling from 7 Years Ago

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Court has issued its first ruling recognizing the state's liability for damages to victims who were detained or convicted for violating Emergency Measure No. 9, which was declared during the Park Chung-hee Yushin regime.

Although Emergency Measure No. 9 was ruled unconstitutional and invalid in 2013, the Supreme Court had denied the establishment of tort liability under civil law in 2015, citing that the exercise of emergency powers by the president was a highly political act. However, the court reversed its stance after seven years.

On the 30th, the Supreme Court en banc (Presiding Justice Kim Jae-hyung) overturned the lower court's dismissal of the plaintiffs' claims in the appeal hearing of the damages claim case filed by individuals detained or convicted for violating Emergency Measure No. 9, as well as their families and heirs, and remanded the case to the Seoul High Court.

The court stated, "The parts of the lower court's judgment concerning all plaintiffs except Yang and the parts regarding Yang's compensation for emotional distress and inheritance rights are overturned and remanded to the Seoul High Court."

Yang was designated as a democratization movement participant and had received compensation under the Democratization Compensation Act, which led to the recognition of the effect of judicial settlement and resulted in a dismissal ruling in the lower court.