Two (Non-Adoptee) Korean Victims of State Violence Face The Uncertain Future Of The TRC Investigation.
KBS NEWS Article:
"Despite Being Victims Of State Violence...The Response From The Defendant, South Korea, Is 'Polar Opposites'?"
Thanks to Chang Seon Kim for the article link.
Posted to Paperslip on March 14th, 2025.
Translation via ChatGPT.
Are These Two TRC Cases Of Non-Adoptee Korean Victims A Bellweather For Korean Adoptees, Whose Cases Have Pending Reports By The TRC?
(The First TRC Reports On Overseas Adoption Are Expected In Late March 2025).
*Paperslip Note: The information below excerpted from the KBS NEWS article is specifically relevant to Korean Adoptees, whose cases are also under review by the TRC. The first TRC report on Overseas Adoption cases is expected out by late March 2025:
“The investigation period for the second phase of the Truth and Reconciliation Commission, which accepted truth-seeking applications from victims until 2022, is set to conclude on May 26 (2025).
It remains uncertain whether the activities of the second phase will be extended or if a new third phase will be launched.
Reporters checked through Democratic Party member Park Jeong-hyeon's office how much the government has implemented the recommendations of the Truth and Reconciliation Commission, such as the establishment of a separate investigative body.
It was revealed that the government had not even implemented half of the recommendations made by the second phase of the Truth and Reconciliation Commission, which was established five years ago, by October of last year.
If the second phase of the Truth and Reconciliation Commission ends in May (2025) without the establishment of the third phase, some victims, like Lee Jun-hwi, will find themselves unable to seek truth through a separate investigative body due to the government's failure to implement related recommendations and unable to submit new truth-seeking applications to the Commission.”
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ChatGPT article translation -
*Bolds and Red Highlighting Ours:
KBS NEWS Article:
”Despite being victims of state violence... the response from the defendant, South Korea, is 'polar opposites'?"
”Published: 2025.03.14. 6:00 AM Updated: 2025.03.14. 6:04 AM
Reporter: Bae Ji-hyun
KBS reported on the story of national violence victim Lee Jun-hwi on the 16th of last month.
(Related report: [News9] To a victim of forced conscription and assault: “You had to serve anyway” https://news.kbs.co.kr/news/pc/view/view.do?ncd=8177307)
In 1980, Lee Jun-hwi, as the student council president of Yonsei University's College of Liberal Arts, participated in pro-democracy protests, after which he was arrested by the police and forcibly taken into the military.
He became one of the first victims of the "recording project," where Chun Doo-hwan's new military regime forcibly conscripted university students involved in the democratization movement and coerced them into acting as informants even after they were discharged.
Lee recalls being taken to the security agency’s counterintelligence room without knowing where he was going, where he was repeatedly subjected to severe harassment, along with threats such as "No one will know if you die in the mountain."
Determined to "forget it all and move on," he found a job and built a family, but even now, in his sixties, he admits to KBS reporters that an unquenchable sense of anxiety still lingers in his heart.
■ "Victim Blaming" Response from Defendant South Korea: "Big Shock"
In July of last year, Lee filed a lawsuit seeking compensation for the national violence he suffered.
However, he was shocked after reading the response written by the military lawyer representing the defendant, South Korea.
The response stated, "The constitutional duty of national defense is something everyone must fulfill," and claimed, "The plaintiff had to serve in some form."
At that time, Lee had been diagnosed with an "inguinal hernia" due to a long period of hiding and harassment at the police station. Yet, just two days after a physical examination, he was forcibly taken to the military, where he had to undergo military training with his wound bandaged.
Despite the diagnosis of "hernia" being clearly noted in his military records, the defendant South Korea maintained the argument that "regardless, Lee had to go to the military."
Furthermore, the response claimed, "It has not been confirmed that the plaintiff made any efforts for relief, such as applying to the Truth and Reconciliation Commission for the same as other victims of the recording project," and argued that if claims were accepted for those who made no efforts for truth-seeking, it would lead to an unreasonable conclusion that protects those who sleep on their rights.
In other words, they responded by blaming the victim for not making efforts for truth-seeking.
The Truth and Reconciliation Commission (TRC) is an independent investigative body at the national level that examines significant human rights violations that occurred during the anti-colonial independence movement, overseas compatriots' history, civilian casualties before and after the Korean War, and during authoritarian rule, based on the Act on the Basic Plan for Dealing with Past Incidents.
The TRC accepted applications for truth-seeking from December 10, 2020, to December 9, 2022. Lee had returned to Korea after working abroad for a long time and was unaware of the TRC’s existence at that time.
However, due to not having submitted his own case, the defendant South Korea labeled him a "person sleeping on their rights" in their response.
The TRC had already recommended the government three years ago the following measures to consider victims who had not been able to apply for truth-seeking related to the recording project:
<Recommendations from the Truth and Reconciliation Commission on Victims of Recording and Coercion (2022)>
▲ Apology from the state to the victims and measures for recovery.
▲ Establishment of an investigative body to clarify individual cases of victimization related to "forced conscription and coercion to become informants."
▲ Enactment of special laws for the restoration of honor and compensation for the victims.
If the government had faithfully implemented the recommendations from the Truth and Reconciliation Commission three years ago, Mr. Lee would have been able to have his individual suffering recognized through an investigative body established under the relevant special law.
However, the government has still not implemented these recommendations, and in court, the defendant South Korea has responded by blaming the victims.
Interview Scene with Victim of the Recording Project, Lee Jun-hwi "After reading the response, I was very surprised. I wondered how someone could say such things. I studied really hard until the first semester of my senior year in college and planned to pursue a master's and doctorate, living diligently. Yet, for fighting for democratization, I had to undergo a physical examination just two days after being released from the police station and was ordered to go to the military with my injured body. So, does that mean every soldier in South Korea could be forcibly taken into the military whenever the conscription officer wanted? I want to ask the person who wrote that response if they would fulfill their military duty under such conditions."
From an interview with victim of the recording project, Lee Jun-hwi
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Contrasting Responses to National Violence Victims
In contrast, last month, a response was submitted regarding national violence victims that expressed a reflection on the past mistakes of investigative agencies.
This response was part of the national compensation lawsuit concerning the victims of national violence against fishermen abducted in the 1960s.
Park Hong-soo, a victim who lived by fishing on Baengnyeong Island, was abducted by North Korea along with his vessel, the "Mujin-ho," when it set sail in October 1967.
He was released after two months but did not immediately return home to his wife and children.
Instead, he was taken to an investigative agency and subjected to intense interrogation for violating anti-communism laws, during which he lost his life.
Last year, Park's spouse, Son Soon-ae, recounted, "His body was covered in bruises," and stated, "I firmly believe he was beaten to death." (Related report: [News7] Confirmation of ‘state violence’ against abducted fishermen... “The victims themselves didn’t know” https://news.kbs.co.kr/news/pc/view/view.do?ncd=8050663)
Park's family applied to the Truth and Reconciliation Commission for related truth-seeking, and in December 2023, a decision was made to clarify the truth regarding the crew members of the "Mujin-ho."
Afterward, in the national compensation lawsuit filed by Park's family, the military lawyer representing the defendant South Korea requested the dismissal of the plaintiff's claims while noting, "However, due to the nature of past events, there is a possibility that the scope of recognition may change depending on the evidence."
The response continued, stating, "The defendant wishes to conduct the lawsuit with a sincere attitude that respects the rights of the victims and their families while reflecting on the mistakes of past investigative agencies."
This approach is quite different from the typical stance of the defendant South Korea, which often ignores the specificity of state violence cases, citing reasons such as "expiration of the statute of limitations" to dismiss claims from victims of state violence.
In particular, it shows a stark contrast to the "secondary victimization" response submitted during Lee Jun-hwi's lawsuit.
KBS reporters wondered how such a response could be written.
The military lawyer stated in response to KBS inquiries, "I wrote the response with the intent of respecting the Truth and Reconciliation Commission's decisions as much as possible, and it was submitted after receiving approval from the Ministry of Justice."
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Implementation Rate of Recommendations? "Not even Half"... Truth and Reconciliation Investigation Ends in May
Despite the same national violence, the responses from defendant South Korea varied drastically depending on whether there was a "truth-seeking decision by the Truth and Reconciliation Commission."
The investigation period for the second phase of the Truth and Reconciliation Commission, which accepted truth-seeking applications from victims until 2022, is set to conclude on May 26 (2025).
It remains uncertain whether the activities of the second phase will be extended or if a new third phase will be launched.
*(Paperslip Note: The above 2 sentences are specifically relevant to Korean Adoptees, whose cases are also under review by the TRC).
Reporters checked through Democratic Party member Park Jeong-hyeon's office how much the government has implemented the recommendations of the Truth and Reconciliation Commission, such as the establishment of a separate investigative body.
It was revealed that the government had not even implemented half of the recommendations made by the second phase of the Truth and Reconciliation Commission, which was established five years ago, by October of last year.
If the second phase of the Truth and Reconciliation Commission ends in May (2025) without the establishment of the third phase, some victims, like Lee Jun-hwi, will find themselves unable to seek truth through a separate investigative body due to the government's failure to implement related recommendations and unable to submit new truth-seeking applications to the Commission.
On the 11th of this month, a victims' organization held a press conference in front of the Truth and Reconciliation Commission, calling for the conclusion of the second phase and the establishment of a new third phase with strengthened investigative powers through relevant legal amendments.
The second phase has yet to complete investigations into over 4,700 cases, and the Commission anticipates that if the investigation period ends as is, around 3,000 cases will remain "unsolved."
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