▲ Excavation of remains of 'Gimpo civilian victims' during the Korean War (File Photo)
A court has ruled that the state must pay a total of 2.9 billion won in compensation to approximately 70 bereaved family members of victims of the 'Gimpo civilian massacre' that occurred during the Korean War.
As neither side appealed the decision, the ruling was finalized on June 10.
The Seoul Central District Court's Civil Settlement Division 14 (Presiding Judge Jeong Ha-jeong) recently ruled partially in favor of the plaintiffs in a damages suit filed against the state by 76 bereaved family members, including a person surnamed Lim.
The court recognized 2.92 billion won as the compensation amount out of the 4.91 billion won claimed by the families.
Taking into account rulings in similar state compensation cases, the court set the solatium at 100 million won for the victims themselves, 50 million won for spouses, 10 million won for children, and 5 million won for siblings.
Lim and the other plaintiffs are family members of civilians who were killed by police and local security forces in Gimpo, Gyeonggi Province, during the Korean War.
According to the Truth and Reconciliation Commission (TRC), between September 1950, after the UN forces recaptured Seoul, and January 1951, police officers from the Gimpo Police Station and local security forces identified residents as collaborators or their families and carried out mass killings without due process.
In August 2023, the TRC determined that these individuals were victims of state power and issued a decision to uncover the truth.
The court stated, "The fact that military and police personnel belonging to the state caused the deaths of the victims without justifiable reason or due process is a clear illegal act that infringed upon the rights to life and the right to a fair trial guaranteed by the Constitution," adding, "The victims and their families must have suffered extreme mental distress."
The court further noted, "Considering the nature of historical cases where it is difficult to secure direct evidence after a long period of time, the TRC's investigation report and truth-finding decision can serve as strong evidence for factual recognition."
The court also rejected the state's argument that the statute of limitations for damages claims had expired for some victims due to a truth-finding decision made by the first Truth and Reconciliation Commission in 2008.
The court ruled that, in accordance with the amended Framework Act on Settling the Past for Truth and Reconciliation that took effect in February, the long-term statute of limitations under the Civil Act does not apply to cases where a truth-finding decision has been made.
The amended law stipulates that for cases where a truth-finding decision was made before the law's enforcement, a damages lawsuit can be filed within three years from the date the law took effect.
The court stated, "The truth-finding decision for this case was made in August 2023, and the plaintiffs filed the lawsuit in March 2024," adding, "It cannot be seen that the plaintiffs' right to claim damages has expired."
(Photo: Yonhap News)
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