"Martial Law Measures Caused Psychological Pain and Damage to Citizens"
The court has ruled that former President Yoon Suk-yeol must compensate citizens who suffered psychological damage due to the December 3 Martial Law. This is the first time the court has recognized both the damages suffered by citizens and their right to claim compensation as a result of martial law.
On July 25, Lee Seongbok, the presiding judge of the Civil Division 2 of the Seoul Central District Court, ruled in favor of the plaintiffs in a compensation lawsuit filed by 104 citizens, including a person identified as Lee, against former President Yoon. The court ordered Yoon to pay 100,000 won per person in damages.
Judge Lee stated, "The defendant is obligated to pay compensation for the plaintiffs' psychological damages, and the amount must take into account all relevant circumstances." He added, "At the very least, the amount of 100,000 won per plaintiff as requested is fully justified."
He further pointed out, "Through unconstitutional and unlawful martial law and its series of measures, the defendant paralyzed the National Assembly, which is the representative body of the people, and violated the president's duty to protect the right to life, liberty, and dignity of the people." He continued, "Based on common experience, it is clear that the plaintiffs, as citizens of the Republic of Korea, suffered psychological pain or damage expressed as fear, anxiety, frustration, and shame due to the martial law measures."
Judge Lee determined that both substantive and procedural flaws rendered the December 3 Martial Law unconstitutional and unlawful. He stated, "The martial law in this case and its subsequent measures constitute a 'willful unlawful act' as defined in Article 750 of the Civil Act, with respect to the plaintiffs who claim to have suffered psychological distress."
Previously, the "Preparation Group for the Compensation Lawsuit on Yoon Suk-yeol’s Acts of Insurrection" filed a lawsuit on December 10 last year, claiming 100,000 won per person. They argued that former President Yoon violated his duty to guarantee the people's right to life and liberty, resulting in psychological harm.
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