민간인 학살 사건과 국가의 배상책임 ― 울산보도연맹 1심 판결을 중심으로 ―

Abstract

On February 10, 2009, the Seoul Central District Court recognized responsibilities to pay for indemnities due to the illegal activities of the nation on the ‘Ulsan case’(Hundreds of people massacred by police during the Korean War). Among the civilian slaughter cases during the Korean War, this is the first case that was judged in favor of the bereaved families of the victims and where the nation was ordered to pay them indemnities. Though the civilian slaughter cases during the Korean War were all similar in terms of cause, type of illegal behavior, national response following the case, etc, each ruling court showed difference in application of the law of ‘extinctive prescription’. Though it is no doubt that the civilian slaughter incidents during war are illegal and inhumane criminal activities by the nation, there is no consensus on whether to recognize the government’s responsibility for indemnities of the plaintiffs after such a long time has passed. In the Ulsan case the investigative committee’s ruling was based on the extinctive prescription, and the plaintiffs could not file suit because no actions were taken by the government to provide reparations for the damages; the government’s claim for extinctive prescription was negated. The significance of this ruling is that the judiciary did not consider the budget issues, national agreement and effects of the case and made the ruling purely according to legal reasoning, and thus it opened a path for legal reparation for civilian slaughter cases. Though it is a fact that there are many limitations on the methods for reparations through judicial procedures, the government and national assembly have not even made any legislative treatments on civilian slaughter cases for the past several decades. Considering this, there is a dire need for reparations through judicial procedures.