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The Statute of Limitations for Mental Damage from the May 18 Incident Will Be Abolished

Yang Bu-nam, Introduces Amendment Bill for the '5·18 Compensation Act' as Lead Sponsor

The Statute of Limitations for Mental Damage from the May 18 Incident Will Be Abolished Assemblyman Yang Bu-nam.

Yang Bu-nam, a member of the Democratic Party of Korea representing Gwangju Seo-gu Eul, announced on the 28th that he has taken the lead in proposing the "5·18 Compensation Act Amendment," which aims to abolish the statute of limitations on mental damage compensation for those related to the May 18 Democratic Uprising.


Victims of the May 18 incident have been receiving compensation for mental damages through individual lawsuits. However, since the revision of the 5·18 Compensation Act in June 2021, an unreasonable situation has arisen where victims cannot receive compensation for mental damages due to the legal principle that "if rights are not exercised within three years from the date the damage was recognized," the claim expires.


Moreover, the recognition of whether a person is related to the May 18 incident has been delayed due to the administrative procedures of the 5·18 Democratic Uprising Related Persons Compensation Deliberation Committee.


The amendment stipulates a special provision to abolish the statute of limitations on mental damage compensation so that those related to the May 18 Democratic Uprising can effectively exercise their right to claim damages. It also allows not only existing recognized persons but also newly recognized individuals to receive mental damage compensation without any statute of limitations.


Representative Yang explained, "There is a recurring problem where victims of state violence are unable to receive compensation due to the statute of limitations under the Past Affairs Act, so proactive measures are necessary. Considering this, I proposed a law to abolish the statute of limitations on mental damage compensation for May 18 victims."


Meanwhile, the 5·18 Truth Investigation Committee, established under the "Special Act on the Investigation of the May 18 Democratic Uprising," also recommended to the state through a comprehensive report published upon concluding its activities that the statute of limitations on claims for mental damage compensation related to May 18 be abolished.


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