One hundred five citizens filed a lawsuit for damages against former President Yoon Suk-yeol, claiming they suffered mental harm due to the state of emergency, and the court ruled in favor of the citizens.
On the 25th, the Seoul Central District Court's Civil Division No. 2 (Director General Lee Seong-bok) ruled in favor of the plaintiffs in a damages claim lawsuit filed by 105 citizens against former President Yoon, demanding 100,000 won per person.
The court stated, "A state of emergency can be declared according to the Constitution when 'war, insurrection, or a national emergency equivalent to these situations occurs, requiring the mobilization of military forces to maintain public order.' However, there is no evidence to suggest that such a national emergency existed at the time the emergency was declared." It further noted, "The defendant's declaration of a state of emergency is an unconstitutional and illegal act as it does not meet the substantive requirements."
The court remarked, "It is clear that the plaintiffs, the citizens of Korea who witnessed the defendant's declaration of a state of emergency and its measures, suffered from pain expressed as fear, anxiety, frustration, and shame." It added, "The defendant must pay the plaintiffs damages for mental suffering, and a compensation amount of around 100,000 won per person is fully justifiable."
On that day, former President Yoon and his legal team were absent.
Previously, 105 citizens filed a lawsuit for damages against former President Yoon at the Seoul Central District Court in December of last year.
During the first argument session on the 27th of last month, former President Yoon and his legal team were absent, stating that the damages claim resulting from abuse of rights (litigation proliferation) was unjust. Attorney Kim Jeong-ho, representing the plaintiffs, noted, "There is a precedent in which the Supreme Court broadly recognized government compensation responsibility for citizens harmed under Emergency Measure No. 9 in 2022," adding, "The rights remedies for the people in this lawsuit should be proactively carried out." Emergency Measure No. 9 was declared on May 13, 1975, by former President Park Chung-hee, comprising provisions that banned criticism of the Yushin Constitution and allowed arrests without warrants in case of violations.