As lawsuits seeking compensation for psychological damages caused by the '12·3 Martial Law' continue to be filed, a new lawsuit is being brought against former President Yoon Suk-yeol and his wife, Kim Keon-hee.
According to legal sources on August 17, attorney Kim Kyungho of the law firm Hoin plans to file a lawsuit with the Seoul Central District Court on August 18 on behalf of 11,000 citizens, seeking 100,000 won in damages per person from former President Yoon and Mrs. Kim.
In the complaint, the plaintiffs argue, "Former President Yoon's declaration of martial law constitutes a clear and intentional illegal act that goes beyond mere professional negligence and directly infringed upon the fundamental rights of the people, for which he must bear civil liability."
They further emphasized, "Due to the joint illegal acts of the defendants, citizens suffered not only threats to their lives and physical safety, but also serious harm to their status as sovereigns and to their dignity as democratic citizens."
In particular, the plaintiffs pointed out that Mrs. Kim played a central role in motivating the declaration of martial law and actively participated in its execution. They claimed, "The martial law was initiated to help Kim Keon-hee evade her own legal risks," and argued, "State emergency powers were used for personal purposes, specifically to block the passage of the 'Kim Keon-hee Special Prosecutor Act' and to destroy evidence related to the 'Myung Taekyun Gate' scandal, which involved allegations of her abuse of state affairs."
They added, "Mrs. Kim was the instigator who provided the most crucial motive for former President Yoon's illegal acts, and she conspired with and aided him in planning and carrying out the actions. Therefore, she must also be held jointly liable for the plaintiffs' damages as a co-perpetrator of the unlawful acts."
This is the first lawsuit to hold Mrs. Kim civilly liable for unlawful acts related to the declaration of martial law. Under civil law, in cases of joint unlawful conduct, not only the direct perpetrator but also instigators and accomplices are held jointly liable.
Previously, on July 25, the Seoul Central District Court ruled in favor of 104 citizens who claimed to have suffered psychological harm due to former President Yoon's declaration of martial law, ordering compensation of 100,000 won per person.
Since then, similar lawsuits have been filed against former President Yoon and other cabinet members, including former Defense Minister Kim Yong-hyun. Former President Yoon has appealed the ruling and requested a stay of execution. The court accepted this request on the condition that a total of 10.4 million won, equal to 100,000 won per person for 104 people, be deposited with the court.
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