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‘Settling the Past’ in South Korea: The Legacy of Authoritarianism, Compensation Law, and a Hierarchy of Victimhood

Adriaenssens Thomas Cornelis
한국법제연구원 (Korea Legislation Research Institute)|2024.05|Korea Legislation Research Institute Journal of Law and Legislation|제14권 제1호|pp. 191-243|DOI 10.22851/kjll.2024.14.1.005

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참고문헌

키워드

South KoreaTransitional JusticeCompensation LawRedress LegislationRedress for State ViolenceFramework Act on Settling the PastDemocratic Movement Compensation ActMay 18 Compensation Act.
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초록

South Korea has been ruled by authoritarian regimes for most of its post war history, until democratization in the late 1980s. During this period, violence by the state against its citizens was common. Although the 2005 Framework Act on Settling the Past set up a Truth Commission to investigate and shed light on past wrongdoings, it lacked provisions on compensation. This forced victims to either litigate for redress or mobilize politically for the enactment of compensation laws. For many victims, rules of evidence and the statute of limitations frustrated attempts to find justice through the courts, resulting in an emphasis on redress legislation over litigation. Yet, such legislation often limited itself to specific incidents or categories of victims and thereby disadvantaged other victims. Unlike previous research, this work approached redress legislation holistically. It aimed to provide an overview of compensation laws for victims of domestic state violence during South Korea’s authoritarian period (roughly 1948-1993). It first formulated criteria to assess which victims could, to what extent, achieve redress through compensation law. It then used these criteria to find sixteen relevant acts and ordinances to analyze. It found that these laws could function to restrict access to redress by limiting government liability, lacked uniform terminology, and did not treat like cases alike. It also observed that the current configuration of compensation legislation suggests a hierarchy of victimhood that disadvantages non-ideal victims like women, people with disabilities, people with non-physical injuries, and workers.

Abstract

South Korea has been ruled by authoritarian regimes for most of its post war history, until democratization in the late 1980s. During this period, violence by the state against its citizens was common. Although the 2005 Framework Act on Settling the Past set up a Truth Commission to investigate and shed light on past wrongdoings, it lacked provisions on compensation. This forced victims to either litigate for redress or mobilize politically for the enactment of compensation laws. For many victims, rules of evidence and the statute of limitations frustrated attempts to find justice through the courts, resulting in an emphasis on redress legislation over litigation. Yet, such legislation often limited itself to specific incidents or categories of victims and thereby disadvantaged other victims. Unlike previous research, this work approached redress legislation holistically. It aimed to provide an overview of compensation laws for victims of domestic state violence during South Korea’s authoritarian period (roughly 1948-1993). It first formulated criteria to assess which victims could, to what extent, achieve redress through compensation law. It then used these criteria to find sixteen relevant acts and ordinances to analyze. It found that these laws could function to restrict access to redress by limiting government liability, lacked uniform terminology, and did not treat like cases alike. It also observed that the current configuration of compensation legislation suggests a hierarchy of victimhood that disadvantages non-ideal victims like women, people with disabilities, people with non-physical injuries, and workers.

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