Victims of dictatorship awarded state damages

By Lee Hyo-sik

The court ruled Monday for the first time that the government should compensate a group of individuals who were convicted and put behind bars for violating a 1974 emergency decree proclaimed by the authoritarian government of Park Chung-hee.

Its decision follows the Supreme Court’s recent decision that the decree was unconstitutional. The latest ruling is expected to encourage those who were indicted in 1974 on charges of violating the emergency decree and National Security Law for making critical remarks against the Park administration to file similar lawsuits demanding compensation.

On Dec. 16, the nation’s top court declared the presidential decree was unconstitutional and nullified all past rulings made in accordance with it because it excessively violated people’s basic rights. It acquitted a man of criminal charges filed for criticizing the government decades ago.

Before the ruling last month, all lawsuits filed against the government by those who suffered under the decree had been dismissed as it became invalid in accordance with a constitutional revision in Oct. 1980.

The Seoul Central District Court ruled that the government pay a 58-year-old man, identified by his surname Hwang, and seven other individuals who were tortured and sentenced to jail terms under the 1974 emergency decree.

Hwang, who was a university student in 1974, was arrested on charges of organizing rallies and distributing leaflets critical of the Park administration. He was put behind bars for 10 years.

``Hwang and others have been acquitted of the charges in retrials between 2009 and 2010. Given the Supreme Court’s unanimous decision declaring the 1974 decree as unconstitutional, there were reasonable grounds for their innocence in the first place. Under such circumstances, they are entitled to state compensation,’’ the court said.

It determined the amount of compensation in accordance with the period and method of their detention, as well as resulting financial losses, adding the compensation cannot exceed 160,000 won per person a day.

Park, who ruled Korea from 1961-1979 after seizing power in a military coup, declared a national emergency in October 1972 before dissolving the National Assembly, suspending the Constitution and bringing in the so-called ``Revitalizing Reform,’’ better known as ``October Yushin.’’

He proclaimed a series of presidential emergency decrees, including one in 1974, which empowered him to take extraordinary measures in time of national crisis and banned all activities opposing or slandering the Yushin Constitution as well as any press reports on those activities. Hundreds of pro-democracy fighters were tortured and jailed. The decrees were designed to legitimize his permanent presidency.