Baek Gi-wan's family, who unjustly served time due to the issuance of emergency measures while criticizing former President Park Chung-hee's Yushin Constitution, has filed for a retrial regarding the dismissal of their damages claim.
On October 7, the Lawyers for a Democratic Society's Emergency Measures Legal Team, representing Baek Gi-wan's family and other victims of the emergency measures, submitted a civil retrial request for state compensation against the government.
The legal team stated, "Despite judicial rulings declaring the emergency measures unconstitutional and invalid, victims have long been denied effective relief." They criticized the Supreme Court under former Chief Justice Yang Sung-tae for denying the government's liability for the issuance, application, and enforcement of the emergency measures.
They further noted, "The investigation by the special committee formed to address allegations of judicial administrative abuse confirmed that these rulings were cited in documents from the Supreme Court's administrative office to support the Park Geun-hye administration's governance," adding, "Victims of state violence have been deprived of relief opportunities by the judiciary as well."
The legal team emphasized, "This retrial request should serve as an opportunity to affirm the state's responsibility for the victims of state violence and to realize the restoration of rights delayed by erroneous judicial decisions." They also stated, "The history of emergency measures, which involved the president exercising unchecked power and committing serious human rights violations, must be protected by the judiciary, which should not obstruct relief for victims."
This retrial request is in accordance with the special law regarding civil retrials for victims of emergency measures, which took effect on September 8. This law was enacted to provide special provisions for civil retrials for victims who suffered damages due to the emergency measures but received final dismissal rulings in their state compensation claims.
Previously, Baek Gi-wan led the 'Million Signature Campaign for Constitutional Amendment' alongside Jun Ha-jun, demanding amendments to the Yushin Constitution. In response to the growing movement, former President Park issued Emergency Measure No. 1 on January 8, 1974, prohibiting criticism of the Yushin Constitution and demands for amendments.
Baek Gi-wan was arrested by the Central Intelligence Agency on January 15 of the same year for allegedly defaming the Yushin Constitution and emergency measures, receiving a 12-year prison sentence for violating Emergency Measure No. 1, and spent approximately one year and one month in detention.
Later, on August 29, 2013, Baek Gi-wan was acquitted in a criminal retrial and filed a damages claim against the Republic of Korea on September 17 of that year. However, the state compensation claim was rejected, and a ruling of defeat was confirmed on July 23, 2015, due to the Supreme Court's dismissal of the case without a hearing.
On August 30, 2022, the Supreme Court's full bench changed its previous ruling, recognizing the state's liability for actions related to the issuance and enforcement of Emergency Measure No. 9. On January 12 of the following year, the court made a similar ruling regarding Emergency Measure No. 1. However, victims who had already received a ruling of defeat before the change in precedent could not receive relief under the new ruling.
The legal team evaluated the special law as "a significant law aimed at providing relief for victims deprived of opportunities due to rulings used as a means of judicial abuse during Yang Sung-tae's tenure, and it is the first civil retrial special law established for the restoration of rights for victims of state violence."
They urged the court to faithfully reflect the legislative intent of the special law, taking into account the long suffering of victims and their families, and to pursue prompt and effective relief.
* This article has been translated by AI.
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