victims and bereaved families can file claims for damages against the state through
individual lawsuits or seek criminal compensation according to the ‘Act on Criminal
Compensation and Restoration of Impaired Reputation’ (hereinafter referred to as the
“Criminal Compensation Act”).41)
However, it is not easy for a victim of state violence to receive reparation and
compensation for the damage and escape from mental pain. It is not easy for victims to
decide to apply for a retrial due to the uncertainty of the retrial results, anxiety about
confronting the perpetrator, and negative views around them. Moreover, it takes a very long
time to for the criminal compensation and civil lawsuits against the state after a court's retrial
and acquittal.42)
Also, as special laws related to state violence cases are enacted centering on individual
cases and depending on the social atmosphere and the organization of victims and bereaved
groups, there are problems with equity and consistency, or victims and bereaved families
who are excluded from the damage recovery measures. As such, some assert that it is
necessary to enact a comprehensive law on compensation for victims of state violence by
separating the provisions related to reparation and compensation scattered in relevant special
laws, and to stipulate the scope of victims, proof of damage and special rules on extinctive
prescriptions, etc.43)
C) State Responsibilities and Duties on the Past State Violence Cases
It is often found that victims of state violence become targets of social stigma and
experience trauma. In some cases, the victims had difficulty verifying the facts of the
damage because they could not find a place to appeal the damage, and the truth had been
manipulated and covered up for a long time. Thus far, the government has been passive in
establishing accountability and compensation, such as granting only limited powers
temporarily even if it had a state violence investigation agency in the past, and the legislative
41) Yu Jin, et al., Study on State Violence to Settle the Past (II), Korean Institute of Criminology and Justice, December
2021.
42) Institute for Medicine & Human Rights, Kim Keun Tae Memorial Healing Center, Follow-Up investigation on the
Status of Torture Victims, January 2020.
43) Yu Jin, et al., Ibid., December 2021.
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