The chairperson of the National Human Rights Commission of Korea (NHRCK) expressed
his opinion that it is necessary to enact a special law for active victim relief in relation to the
above two decisions.31)
On August 30, the Supreme Court changed the previous precedent32) regarding the state's
liability for compensation to victims33) of the 'Presidential Emergency Measures for the
Protection of National Safety and Public Order' (hereinafter referred to as 'Emergency
Measure No. 9')34) and determined that the state was liable for damages suffered by the
victims from the Emergency Measure No. 9. Moreover, the judgment of the Seoul High
Court was reversed and remanded with the intention of acknowledging the state's liability for
compensation for the 70 people who claimed compensation.35) On the other hand, on
September 29, in a lawsuit against the state for damages filed by a woman who engaged in
prostitution in a military base town in the area where the US military was stationed,36) the
Supreme Court held that the application of the long-term extinctive prescription was
excluded because the damage suffered by the victims can be seen as an act corresponding to
a serious human rights violation case under the Framework Act on Settling the Past for Truth
and Reconciliation.
On November 28, the ‘Special Act on the Prescription of Anti-Human Rights State
Crimes’ was proposed in the National Assembly.37) This bill is to exclude the application of
the statute of limitations on the State for anti-human rights state crimes and the statute of
31) Statement by the Chairperson of the National Human Rights Commission, Aug. 26, 2022 and Oct. 26, 2022.
32) Supreme Court, Decided on Apr. 18, 2013, 2011ChoGi689, Decided on Oct. 27, 2014 2013Da217962, etc.
33) According to the TRCK, over 1,000 people were prosecuted and more than 900 were convicted for violating
Emergency Measure No. 9 during the four years of its application, and about 80% were retried (As of July 2021).
34) Emergency Measure No. 9 was issued on May 13, 1975 pursuant to the Yusin Constitution, and it allowed
punishment for ‘acts of denying, opposing, distorting the constitution, or asserting and instigating the revision or
abolition of the constitution,’ ‘acts of political involvement in assembly/demonstration by students,’ and ‘acts of
misconduct of emergency measures,’ etc. and the violators can be arrested, detained, confiscated, and searched
without a warrant from a judge. Emergency Measure No. 9 was confirmed, through the Constitutional Court (decided
on Mar. 2, 2013, 2010HunBa70) and the Supreme Court, to violate the freedom of assembly and demonstration,
academic freedom, and freedom of expression.
35) Supreme Court, Decided on Aug. 30, 2022, 2018Da212610
36) Supreme Court, Decided on Sept. 29, 2022, 2018Da224408: Between ‘50s~’70s, the government promoted prostitution
for US soldiers while managing US military base towns, and a lawsuit was filed against the state claiming damages
caused therefrom
37) Co-sponsored by Congressman Park, Hong-geun and 168 others, “Special Act on the Prescription of Anti-Human
Rights State Crimes,” Bill No. 2118497, Nov. 28, 2022.
20