"South Korean Military Massacred Civilians in Vietnam War"… Court First Recognizes Korean Government's Compensation Responsibility

[Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] The first court ruling recognizing the South Korean government's liability for compensation regarding the massacre of civilians by South Korean troops during the Vietnam War has been issued.

On the afternoon of the 7th, Judge Park Jinsu of the Civil Division 68 at the Seoul Central District Court ruled in favor of Mr. Nguyen Thi Tan (63), a Vietnamese plaintiff, in the first trial of a damages claim lawsuit against the Republic of Korea, stating "The defendant Republic of Korea's clear illegal act is recognized." The court ordered, "The defendant shall pay the plaintiff (Mr. Nguyen) approximately 30 million KRW and related delayed damages."

The court found it to be a fact that soldiers of the South Korean Marine Corps 2nd Brigade (Cheongryong Unit) forcibly gathered the residents of Mr. Nguyen's village in one place and then shot them.

Furthermore, the court explained, "According to the submitted evidence and testimonies, on June 12, 1968, South Korean Marine soldiers threatened the plaintiff's family with guns during an operation, forced them out, and when the plaintiff's family and relatives came out, they opened fire on the spot. It is recognized that the plaintiff's aunt, younger brother, and older sister died at the scene, and the plaintiff and his older brother sustained serious injuries."

The South Korean government's claim that "the statute of limitations has expired after several decades from the time of the illegal act" was also rejected, with the court stating, "Considering comprehensively that the plaintiff had obstacles preventing the exercise of rights until filing the lawsuit, the defendant's claim of statute of limitations completion is an abuse of rights."

Earlier, Mr. Nguyen filed a lawsuit in April 2020 claiming 30 million KRW, stating that he lost his family and was shot during the massacre of about 70 civilians by South Korean Marine Corps 2nd Brigade (Cheongryong Unit) soldiers in Phong Ni village, Dien Ban district, Quang Nam province, Vietnam, in February 1968 during the Vietnam War. During the trial, witnesses who were deployed to the Vietnam War as members of the Marine Corps testified in court that they "witnessed South Korean troops killing civilians."

The South Korean government argued that there was a possibility that the Viet Cong disguised themselves as South Korean troops, and that simply wearing South Korean military uniforms and not speaking Vietnamese could not prove that our troops were the perpetrators. Even if civilian killings occurred, the government claimed it was a justifiable act given the nature of the guerrilla warfare during the Vietnam War.