Court Awards Compensation to Unborn Fetus in Civilian Massacre Case

Right to Claim Damages Recognized Under Civil Act Article 762
Compensation Set at 80 Million Won for the Victim, 40 Million Won for the Spouse, and 8 Million Won for Each Child

The court has recognized the state's liability for damages to the families of civilian massacre victims during the Korean War, and has also awarded compensation to a fetus present at the time of the incident.

Han Jonghwan, the presiding judge of the 11th Civil Division at the Gwangju District Court, recently ruled in favor of the plaintiffs in a damages lawsuit filed by six descendants of Mr. A, who was executed by police on suspicion of contact with partisans during the Korean War, according to an announcement on the 27th.

Gwangju District Court. Photo by Song Bohyun

On October 22, 1950, Mr. A was executed by police in Dangsandong Village, Yongsan-ri, Deokjin-myeon, Yeongam-gun, Jeollanam-do, after being suspected of communicating with partisans.

After the Truth and Reconciliation Commission for Past Affairs decided to investigate the case in 2022, Mr. A's family also filed a lawsuit for damages.

The defendant argued that the three-year statute of limitations had expired, but Judge Han did not accept this, stating that in cases of mass civilian sacrifice, the statute of limitations begins from the time the notification of the investigation decision is received.

He further stated, "The bereaved families suffered social prejudice and economic hardship for a long period due to the defendant's illegal actions," and set the amount of compensation at 80 million won for the victim, 40 million won for the spouse, and 8 million won for each child.

In particular, Judge Han recognized the right to claim damages under Article 762 of the Civil Act for Mr. A's child, who was a fetus at the time of the massacre but was later born, and awarded compensation accordingly.