branch only responded in a limited way through special laws in some cases. Moreover, the
process of being recognized as a victim of state violence through retrial and lawsuit in court
often caused additional pain for the elderly victims.
However, it is the responsibility and duty of the state that committed human rights
violations to verify the truth about state violence, take responsibility, compensate the
victims, and promise to prevent recurrences. Article 29 of the Constitution also stipulates the
right to claim compensation for torts committed by the state, and the Victims Bill of Rights
adopted by the UN General Assembly in 2005 also provides that reparations must be
adequate, effective, immediate, complete and effective.
Fabian Salvioli, Special Rapporteur on the promotion of truth, justice, reparation and
guarantees of non-recurrence,44) during a visit to Korea in June 2022, investigated past
history issues in Korea, and evaluated that although some government-level measures have
been taken to respond to the past in the process of democratization in Korea, a
comprehensive or continuous approach has not been explicitly made and urged to guarantee
the right to truth, justice, compensation, and prevention of recurrence.45)
The damage caused by state violence must be remedied and corrected in order for the
grave human rights violations of the past to not be repeated. It is necessary to exclude the
application of the statute of limitations, at least for organized and premeditated grave human
rights violations involving the state, and to prepare legislative, administrative and judicial
alternatives for the victims to not face more difficulties while fighting in court to receive
compensation, at least for the cases where the damage has been recognized.
44) Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
45) Special Rapporteur is expected to submit the final report on the visit to Korea to the UN Human Rights Council in
Sept. 2023.
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