Obtained Patent Rights but Park Chung-hee Regime Forced Abandonment
Bereaved Family Files Lawsuit After Last Year's Decision to Uncover Past Truths
The court ruled that the state must compensate the family of the inventor who had his dyeing technology patent taken away by the Park Chung-hee regime with over 730 million won.
On the 25th, Yonhap News reported that the Civil Division 20 of the Seoul Central District Court (Presiding Judge Lee Sera) ruled that the state must pay a total of over 730 million won to the two children of the late Mr. Shin, who invented the special fabric dyeing technique called 'Holchigi.' Including delayed interest, Shin's children will receive a total of over 2.36 billion won.
'Holchigi' is a special fabric dyeing technique that gained great popularity in Japan. After inventing this technique, Mr. Shin obtained the patent in 1969 following a litigation battle lasting over five years. Subsequently, he filed a damages lawsuit against other companies that imitated his technology and won a ruling in the first trial in May 1972 to receive over 520 million won in compensation. However, while preparing for the appeal, he was taken and detained at the Namsan branch by investigators from the Central Intelligence Agency. At Namsan, he was forced to write a handwritten memorandum stating that he would withdraw the damages lawsuit and relinquish the patent rights, leaving him no choice but to write the memorandum under duress. The court closed the lawsuit citing the withdrawal of the suit after receiving the memorandum.
The incident Mr. Shin suffered was directed by former President Park Chung-hee. At an export promotion expansion meeting held a day before his detention, the Holchigi Export Association reported to the Minister of Commerce and Industry that "the civil lawsuit ruling is causing obstacles to exports," and upon receiving this report, former President Park instructed to devise a way to assist the exporters.
In November 2006, Mr. Shin applied for truth verification to the first Truth and Reconciliation Commission on Past Affairs (Truth and Reconciliation Commission), but it was dismissed. He passed away in 2015 without ever restoring his honor. After reapplying for truth verification, his family finally received a truth verification decision in February last year. The Truth and Reconciliation Commission stated, "It was confirmed that Mr. Shin was subjected to illegal infringement of personal rights through six days of forced detention, violence, threats, and coercion to withdraw the lawsuit," and explained, "In this case, following the president's directive, the Minister of Commerce and Industry, the head of the Central Intelligence Agency, and others were systematically involved, leading to illegal acts against Mr. Shin and the withdrawal of the lawsuit." After the Truth and Reconciliation Commission's decision, Mr. Shin's family filed a damages lawsuit against the state.
The court explained, "Mr. Shin was illegally detained and subjected to psychological and physical abuse, forcing him to sign the lawsuit withdrawal against his will," adding, "As a result, he must have suffered irreparable financial damage and mental anguish." It also emphasized, "Mr. Shin died before his children reapplied for truth verification, so his efforts to restore his honor during his lifetime were frustrated," and "When systematic and serious human rights violations occur by public officials, it is necessary to suppress the recurrence of similar incidents." The court calculated the total compensation amount considering the over 520 million won Mr. Shin should have received from winning the first trial damages lawsuit in 1972, delayed interest, and consolation damages for the state's illegal acts.
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