A South Korean court recently ruled against a 200 million won lawsuit filed by the family of a Ministry of Oceans and Fisheries official who was killed by North Korean forces in the western sea in 2020. The family had sought public notice of the lawsuit, which would have allowed the court’s announcement of the lawsuit on its website or in the official gazette as formal notification to North Korea. However, the court denied this request, stating that the lawsuit did not fulfill the requirements for such a notice. This decision stands in contrast to a previous case where the court permitted public notice for a lawsuit brought by prisoners of war and wartime abductees’ families against North Korea.
The court’s rationale was based on current laws that permit public notice only under specific conditions, such as when the defendant’s address is unknown or when the notification needs to be made in a foreign country. In this case, the court argued that the family was aware of the address in North Korea, and, considering the constitutional perspective that North Korea is part of our national territory, the case did not qualify for public notice. This interpretation, however, overlooked the practical realities of the Korean peninsula’s division and was criticized for its overly rigid adherence to legal formalities.
In a related development, prisoners of war and others have initiated a lawsuit against the Foundation of Inter-Korea Cooperation (Inter Korea), which manages copyright royalties for North Korea, following a previous court decision that awarded them compensation. However, the prisoners of war lost the case due to the argument that Inter Korea’s money could legally belong to North Korean individuals or organizations other than the North Korean regime. This raises questions about the feasibility of personal copyright in a country under the regime’s total control over its citizens. Arguing that personal copyright is possible in North Korea, where the regime enslaves the entire population, creates a theoretical argument. It overlooks the harsh reality. Failing to recognize public notice under these circumstances constitutes a denial of justice.
Comparatively, the United States courts have demonstrated a more assertive stance by upholding lawsuits filed by the family of Otto Warmbier, an American who died after being detained in North Korea in 2015. These courts have awarded compensation and authorized the seizure and sale of North Korean assets to fulfill the compensation orders. This approach starkly contrasts with the more cautious position of our courts and highlights a potential avenue for exerting pressure on Kim Jong-un to halt his human rights abuses.
