Even with North Korea’s acknowledgment of responsibility, there is a long way to go before execution.
8 survivors are old, high risk of trial
People around me sigh, “Deaths are increasing due to lack of compensation.”
“If I receive compensation from North Korea, I would like to return it to the country.”
Noh Sa-hong, a South Korean prisoner of war who died at the age of 94 in November last year, is said to have said this during his lifetime. Mr. Noh was detained in North Korea during the Korean War and then escaped. In July 2020, along with the late Han Jae-bok, another South Korean POW, he filed a lawsuit against North Korea seeking compensation for the unfair labor he suffered while a prisoner of war, and his victory was confirmed in the first trial. It was the first victory against North Korea and Chairman Kim Jong-un.
However, it was impossible to receive compensation from North Korea. Mr. Roh’s side filed a follow-up civil suit against the North-South Korean Economic and Cultural Cooperation Foundation (Gyeongmunhyup), a North Korean-related organization. Gyeongmunhyup is a private organization that collects copyright fees from domestic broadcasters that use North Korean videos and sends them to North Korea. Mr. Noh’s side requested that the copyright fees not be paid to North Korea but as compensation, but when Kyungmoonhyup refused, saying, “We do not have the right to arbitrarily dispose of the money of North Korean copyright holders,” they filed a lawsuit.
In January 2022, the first trial court ruled that Gyeongmoonhyup did not have the status of a ‘third party debtor’ and ruled against the plaintiff, and in February last year, the appellate court ruled to dismiss the suit. The appellate court decision has not yet been made, and Mr. Noh passed away without ever realizing his wish. In the appellate trial, controversy over a ‘poor trial’ arose because the court even copied typos from similar lawsuit judgments while writing its ruling.
In this way, even after North Korea’s responsibility for compensation is recognized, the number of South Korean prisoners of war who lose in lower courts in compensation enforcement cases or die without receiving actual compensation due to prolonged litigation is increasing. There are concerns that the eight South Korean prisoners of war who are still alive may not receive substantial compensation due to their advanced age.
On December 24 last year, another South Korean prisoner of war, Yoo Young-bok (95), and the late Lee Gyu-il also submitted an application to the Seoul Central District Court for a bond seizure and collection order against Gyeongmunhyup. If Gyeongmunhyup refuses to seize and collect the debt, they can file a lawsuit against Gyeongmoonhyup for collection.
The problem is time. This is because the creditors are old and have poor communication, so there is a high possibility that the trial will actually go to waste. In fact, the late South Korean POW Kim Seong-tae, along with Mr. Yoo and Mr. Lee, won a lawsuit for damages against North Korea in May of last year, but after his death in November of the same year, it became difficult to contact his bereaved family, so his name was not included in the application for bond seizure and collection order. Couldn’t upload it.
Attorney Eom Tae-seop, who represents ROK military prisoners of war, said, “It can be said to be a state of ‘delayed justice’ in which only North Korea’s liability for compensation has been acknowledged and no compensation has actually been received.”
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Reporter Kim Tae-eon beborn@donga.com
Reporter Kim Ja-hyun zion37@donga.com
Source: www.donga.com