A landmark ruling

The Korea Times

The Korea Times

Opinion

Sun, October 1, 2023 | 21:13

Editorial

A landmark ruling

Posted : 2023-02-09 16:34

Updated : 2023-02-12 09:41

Korea must admit role in wartime atrocities

The Vietnam War has been a thorn in Korea's side for a long time.

It was Korea's first war of aggression in recent times, or throughout history, albeit as a helper for the United States.

Nearly six decades have passed, but controversy remains over Korea's role in the military conflict in the "faraway foreign land," as the media described the Southeast Asian country back then. Most controversial were some reported mass killings of civilians by Korean soldiers.

Against this backdrop, the Seoul Central District Court on Tuesday ruled in favor of a Vietnamese woman seeking compensation from the Korean government. Nguyen Thi Thanh claimed she lost five family members when Korean marines killed 74 civilians in the village of Phong Nhi in Vietnam's Quang Nam Province in 1968.

The court acknowledged most of the plaintiff's claims. It marked the first time the Korean judiciary branch acknowledged the state's liability to compensate civilian victims of mass killings during the war.

It was a courageous historical confession and a big step for a country that respects human rights. The court rejected a government legal body's defense, claiming these were "collateral damage" of a guerilla war in the jungle. However, the court judged it as "clearly illegal" based on the testimonies of conscientious soldiers who participated in the operation and the plaintiff's eyewitness account.

Even more significantly, the court repudiated the defendant's argument that compensation claims have become extinct due to the government's agreement. "It is hard to think such an agreement has legal force keeping a Vietnamese individual from filing claims against the Korean government," it said, recognizing the rights of individuals regardless of governmental accords. The ruling also rejected claims of the statute of limitations, recognizing the fact that the plaintiff had to lodge a complaint decades later.

All this came in stark contrast to the Japanese judiciary branch's decision dealing with a similar situation. All Japanese courts turned down the claims of former sex slaves and forced laborers, citing the 1965 Basic Agreement between Korea and Japan. Now, Koreans can feel more justified in making similar demands toward Washington regarding the U.S. troops' actions during the Korean War. Most infamous was the Ro Gun Ri massacre that killed hundreds of innocent people. The AP won the Pulitzer Prize for shedding light on that tragedy.

The Defense Ministry seems set to appeal the case. The government is also reportedly seeking ways to minimize similar claims from Vietnamese individuals in the future. We hope they won't. Yes, many Korean soldiers were killed and wounded in Vietnam due to the government's policy. Some still suffer from aftereffects, including side effects of the defoliant Agent Orange. However, killing unarmed civilians, including women and children, is a war crime that is unjustifiable under any circumstance. The executive branch must admit what it must admit ― and apologize and compensate.

The legislative branch also has work to do; enact a temporary special law on compensating the Vietnamese victims of mass killings. That will save efforts to deal with separate suits expected to follow.

President Yoon Suk Yeol did well by sending a large-scale rescue and relief mission to Turkey, hit by a disastrous earthquake this week. "We must repay what our ally forged in blood did here to repel the communists' invasion alongside us 70 years ago," the president said. It would have been even better if he had not attached the remark because there should be no conditions for humanitarian aid.

Conservative presidents have been reluctant to express regrets about the Vietnam War. Yoon must be different. Korea marked the largest trade surplus with Vietnam last year. The Southeast Asian country has become closer to Korea thanks partly to many migrant workers and wives, emerging as a key regional player. Last December, Yoon and Vietnamese President Nguyen Xuan Phuc agreed to upgrade the bilateral relationship to a "comprehensive strategic partnership."

Korea can move one step further only when it is ready to look squarely at its own past.

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