Supreme Court “The country that handled ‘Writing a will’, Ki-Hoon Kang compensates for all illegal actions”

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In a lawsuit against the state for compensation filed by Kang Ki-hoon, the victim of the ‘ghost writing will case’, the Supreme Court returned the case to the Seoul High Court to recognize the state’s responsibility for compensation more widely.

The first division of the Supreme Court destroyed the case and remanded it to the effect that the scope of damages for damages should be expanded, saying, “There is a part where the trial court applied some missing prescriptions wrongly” in the case of Mr. Compensation of Kang Ki-hoon and his family for damages against the Republic of Korea.

In May 1991, when Kim Ki-seol, head of the Social Affairs Department of the National Federation of National Democratic Movements, threw himself off the roof of Sogang University while shouting for the resignation of the Roh Tae-woo regime, Mr Kang was there. handed over to a trial on charges of ghost-writing Kim’s will and aiding and abetting suicide and was sentenced to three years in prison.

However, in 2007, the Reconciliation of the Past Committee for Truth and Reconciliation decided that the handwriting of the will appeared to be Mr. Kim himself, after which Mr. Kang, who was acquitted by a retrial in 2015, filed a compensation suit against the state and those in charge of the investigation at the time.

Previously, the first and second trials recognized the government’s responsibility for damages for illegal handwriting evaluations, but held that individual illegal acts, such as obstructing the lawyer’s interview and publicizing the suspect’s facts, could not be caught liable by the state because of the statute. of limitations passed.

However, the Supreme Court noted that “According to the decision of the Constitutional Court, serious cases of human rights violations or cases of suspected forgery are excluded from the application of the statute of limitations for state compensation.” .

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