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North Korean Defectors Win Landmark Lawsuit: What This Means for Korean War POWs

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Mr. Yoo Young-bok and other distinguished returning Korean War prisoner of wars are viewing exhibits in the permanent exhibition hall at the War Memorial of Korea in Yongsan 2024.6.20 / News1
Mr. Yoo Young-bok and other distinguished returning Korean War prisoner of wars are viewing exhibits in the permanent exhibition hall at the War Memorial of Korea in Yongsan 2024.6.20 / News1

On Monday, North Korean human rights organizations called for a swift ruling from the South Korean Supreme Court on the military prisoner compensation lawsuit. This demand came after five repatriated Zainichi Koreans won a damages case against North Korean authorities in a Japanese district court.

In a joint statement, the organizations highlighted that since 1994, most of the 80 returned military prisoners who had defected from North Korea have passed away, with only six still living. They emphasized that thousands of military prisoners, including seven who won their repatriation case, have been waiting for judicial justice and accountability for over seven decades.

The groups urged the victorious plaintiffs to pursue compensation by executing the court’s ruling against North Korean assets in Japan. Additionally, they called on the upcoming 61st United Nations (UN) Human Rights Council to address the severe human rights violations, including forced disappearances, experienced by at least 93,340 Zainichi Koreans and Japanese families who were taken to North Korea under the so-called repatriation project.

The Tokyo District Court acknowledged the illegality of the repatriation project in a lawsuit where four repatriated Zainichi Koreans sought 400 million JPY (approximately 2.59 million USD) in damages from North Korea for being forced to live in poor conditions. The court ruled that North Korea must pay 88 million JPY (about 569,500 USD) in compensation.

The organizations noted that while two repatriated military prisoners in 2016 and five in 2020 won compensation lawsuits against North Korea, they have yet to receive payment due to delays in the collection lawsuit initiated by the Inter-Korean Economic and Cultural Cooperation Foundation (Kyeongmunhyeop) since 2024.

Previously, the military prisoners’ representatives filed a collection lawsuit demanding that Kyeongmunhyeop pay the copyright fees (approximately 2 billion KRW (1.38 million USD) or more) owed to North Korea as compensation, but they lost in both the first and second trials.

The groups reported that the Ministry of Unification belatedly responded to a fact-finding inquiry, but the appellate court’s ruling failed to mention the additionally submitted contract between the Inter-Korean Copyright Center and North Korea’s Copyright Office. Consequently, they have appealed to the Supreme Court, citing a violation of evidence rules.

The organizations commended the Japanese judiciary for realizing justice by overcoming formalistic logic and statutes of limitations. They stressed that delayed justice is not justice, and urged the Supreme Court to issue an immediate ruling to restore the honor of the military prisoners who have waited over 70 years.

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