First Explicit Mention of 'US New York North Korea UN Mission Address' as Delivery Location for Compensation Lawsuit Against North Korea

Defectors who were deceived by organizations such as the General Association of Korean Residents in Japan (Chongryon) and entered North Korea, where they suffered human rights violations for decades, have filed a lawsuit seeking damages against the North Korean government.

The Human Rights Violation Support Center of the North Korea Human Rights Database Center (NKDB), which has been leading the documentation of North Korean human rights abuse cases, has initiated efforts to provide relief and establish accountability for these individuals. Notably, in this lawsuit, the address of the North Korean Mission to the United Nations in New York was specified for the first time as the place for service of the complaint and legal documents to the defendant.

Lawyer Yoon Nam-geun [Photo by Legal Times]

According to reporting by Legal Newspaper, Mr. A and others plan to submit a complaint seeking damages against North Korea to the Seoul Central District Court on the 15th. Mr. A and others lived in Japan but were lured by North Korea’s repatriation campaign targeting Korean residents in Japan and boarded a repatriation ship in August 1965, entering North Korea where they lived in detention. Subsequently, they were forcibly assigned to reside in Hoeryong County, North Hamgyong Province, and were given jobs arbitrarily decided by the authorities.

Additionally, their privacy was not guaranteed as they were monitored and controlled in every aspect of their lives by a person sent by the North Korean government called a “Korean resident instructor.” Mr. A and others filed the lawsuit demanding 100 million won in compensation for these damages.

In the complaint, they stated, “According to Article 3 of the Constitution of the Republic of Korea, the territory includes the Korean Peninsula and its adjacent islands, meaning no third country can exist; therefore, North Korea cannot be considered a state,” and “the theory of sovereign immunity of foreign states does not apply to North Korea.”

They further argued, “According to the Civil Procedure Act, when a general jurisdiction cannot be determined, the location of the Supreme Court shall be considered the general jurisdiction,” and “the performance of monetary obligations must be made at the creditor’s current address unless otherwise agreed, so the district court with jurisdiction over the addresses of Mr. A and others should be considered the territorial jurisdiction court for this case.”

In particular, this lawsuit is the first to specify the address of the North Korean Mission to the United Nations in New York for service of the complaint copies. Previously, lawsuits filed against the North Korean government were usually handled through public notice service.

Han Suhyun, Legal Newspaper Reporter

※This article is based on content supplied by Law Times.