Path Opened for Victims of Past Historical Incidents to Refile 'Lawsuits Lost in State Compensation'
5 Articles
5 Articles
The Supreme Court has ruled that even if victims of past injustices lose a state compensation lawsuit due to the expiration of the statute of limitations, they can still claim damages again based on a truth-finding decision subsequently obtained from the Truth and Reconciliation Commission. The Supreme Court's Third Division (presiding Justice Oh Seok-jun) [regarding] the police's 'leftist forces lawsuit
Path Opened for Victims of Past Historical Incidents to Refile 'Lawsuits Lost in State Compensation'
(Seoul = Yonhap News) Reporter Lee Young-seop = Decisions on truth determination from the Truth and Reconciliation Commission (TRC) prior to February of this year, when the revised Act on the Settlement of Past Events came into effect...
The Supreme Court recognized the right of victims of past injustices who received a judgment of acquittal in a retrial to claim damages from the state. Furthermore, following the amendment of the Act on the Settlement of Past Events, grounds were established allowing bereaved families who previously lost their cases due to the expiration of the statute of limitations to file new damage compensation lawsuits after a decision on the truth has been…
The revised Act on the Settlement of Past Events applies to cases currently on trial at the time of enforcement.
Even if a victim of past injustices receives a judgment of dismissal rather than acquittal in a retrial, the state's liability for compensation can be recognized if it is proven that they would have been acquitted had there been no grounds for dismissal.
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