
AI-generated summary
Director Baek Ki-wan was imprisoned for violating emergency measures in 1974 and was acquitted in a criminal retrial in 2013, but lost the lawsuit for national compensation.
Minbyun โRecovery from state violence must be realizedโ
This year's emergency civil retrial special law is implemented.
(Seoul = Yonhap News) Reporter Lee Bal-eum = Victims of emergency measures, including the bereaved family of the late Baek Ki-wan, director of the Institute for Unification Studies, filed a civil retrial, demanding compensation from the government.
The Emergency Measures Lawyers of the Lawyers for a Democratic Society (Minbyun) held a press conference at the Minbyun office in Seocho-gu, Seoul on the 7th and announced that they had requested a civil retrial of the state compensation claim lawsuit on behalf of emergency measure victims and their families, including Chief Baek's bereaved family.
The purpose is to reconsider claims for national compensation that were dismissed in accordance with the โSpecial Act on Civil Retrial for Victims of Emergency Measures, etc.โ that went into effect last month.
Director Baek led the '1 million signatures petition for constitutional amendment' demanding a revision of the Yushin Constitution, and was sentenced to 12 years in prison for violating emergency measures in 1974 and imprisoned for 1 year and 1 month.
Afterwards, he was acquitted in a criminal retrial in 2013 and filed a lawsuit against the government for compensation, but his defeat was confirmed by the Supreme Court in 2015.
The Emergency Measures Lawyers explained, "During the time Chief Justice Yang Seung-tae was in office, the Supreme Court denied the state's liability for compensation for the issuance, application, and execution of emergency measures. As a result of the investigation by the 'Special Investigation Team on Suspicion of Abuse of Judicial Administration Power' later formed by the Chief Justice, it was confirmed that these rulings were introduced as examples supporting the Park Geun-hye administration's state administration in documents from the National Court Administration."
The Supreme Court recognized the state's liability for compensation under Emergency Measure No. 9 through a unanimous decision in 2022, and judged the same for Emergency Measure No. 1 in 2023.
Victims such as Chief Baek, whose losing judgment was confirmed before the change in precedent, also had a way to receive relief with the implementation of this year's special law.
The Emergency Measures Lawyers emphasized, โDespite the judicial ruling that the emergency measures are unconstitutional and invalid, actual relief for the victims has been blocked for a long time,โ adding, โThis request for retrial should serve as an opportunity to confirm the stateโs responsibility for the damage caused by state violence and to realize the recovery of damages that were delayed due to the judiciaryโs erroneous judgment.โ

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