[기자문답] Pueblo lawsuit ruling for the largest compensation ever… Overseas North Korean assets can be seized | Voice of America

A US court ruled the North Korean regime to pay $2.3 billion in compensation to the Pueblo crew, their families, and their families. While North Korea will not pay compensation directly, it is possible to seize North Korean assets overseas. Let’s find out more with reporter Ham Ji-ha.

Host) The amount that North Korea has to compensate is $2.3 billion, the largest in the history of a North Korean lawsuit. Please explain first how it was calculated.

Reporter) Yes, first of all, there are more than 170 plaintiffs, including the crew of the Pueblo who received this compensation. And, different compensations were set for these 170 people. It was decided that the damages of the crew members at the time of detention, the parts of not being able to live a normal life after returning to the United States, and the mental and economic damages of their families, etc., were approximately $1.1 billion. Here, the court set exactly the same amount for North Korea’s punitive damages. So, $2.3 billion, twice the amount of $1.1 billion, was ruled as North Korea’s final damages.

Moderator) If this is the largest ever, what was the lawsuit that had the largest compensation from North Korea before that time?

Reporter) Yes, about $500 million in compensation from North Korea, which was sentenced to the parents of Otto Warmbier, who died after returning to the United States after being detained in North Korea, was the highest ever. Until then, indemnity was usually set at around $300 million to North Korea, but this time, the number of plaintiffs reached 170, so the amount of compensation was the highest ever.

Moderator) However, there was a controversy over the’interest’ part in the legal battle process.

Reporter) Yes. Having dealt with the case more than 50 years ago, the plaintiff’s lawyer argued that in addition to the compensation that should have been recognized 50 years ago, interest should be paid. In this calculation, it was estimated that the amount of compensation would exceed $10 billion, more than five times the $2.3 billion. The court stipulated in the judgment that interest is calculated from the time of judgment. Eventually, interest for the past 50 years was not recognized, and interest is calculated from the month of the decision.

Host) The Pueblo is a case in which North Korea illegally captured and detained its crew for nearly a year, but some raise questions about whether a lawsuit against North Korea can be established, such as the fact that the US government apologized to North Korea.

Reporter) Yes, actually, at the time, the US government was able to repatriate the crew to the United States after signing a document promising to prevent invasion and recurrence of North Korean territorial waters. However, this lawsuit does not cover the wrongdoing of the case. Instead, it is about the assault and torture that each crew member suffered during their detention. For this reason, the U.S. court separately admitted compensation of $10,000 per crew per day for 335 days of detention.

Moderator) At the time of filing a lawsuit, interest is also focused. At this point, more than 50 years after the incident, why was the lawsuit being filed and the judgment issued?

Reporter) This is related to the designation of the US as a’terrorist support country’ for North Korea. In principle, the U.S. government prohibits lawsuits against other governments, but there are exceptions. That is, it allows lawsuits against the US’ terrorist support agency. North Korea was designated as a terrorist support country in 1988, but was lifted in 2008. And it was re-designated in November 2017, and from that point on, lawsuits from the Warmbier family and other victims of North Korean abduction began to line up, and this lawsuit by the Pueblo crew is one of them.

Moderator) When delivering news of lawsuits related to North Korea, the term’default judgment’ often appears, but it was the case again.

Reporter) Yes, the default judgment means that when the accused defendant does not respond, the court makes a judgment based solely on the plaintiff’s argument. North Korea is a typical case. Pyongyang has not responded to virtually all cases so far, and the rulings so far have taken the form of’default judgment’.

Host) In fact, even if North Korea loses, it is unlikely that North Korea will pay $2.3 billion in compensation. Can plaintiffs get compensation?

Reporter) Of course, North Korea will not pay compensation directly, but it is possible to seize North Korean assets overseas. However, it is not so easy to find North Korean assets scattered in the US or abroad. Still, there are an increasing number of cases where the US government filed for confiscation lawsuits for assets related to North Korea or assets that violate North Korea sanctions. Victims can also claim these funds.

Host) Is there an open way to receive compensation, other than seizing North Korean assets?

Reporter) Yes, the US government has a system that pays compensation to Americans and their families who have suffered damage from countries designated as terrorist support countries. We reward up to 20 million dollars per person. In this regard, let’s listen to the explanation of attorney Joshua Stanton, an expert on sanctions against North Korea.

[녹취: 스탠튼 변호사] “The way it works is that any fines penalties and forfeitures whether criminal or civil, mostly go into that fund… ”

These funds are covered by fines imposed through criminal or civil proceedings for companies that violate sanctions. Stanton explained that when North Korea was redesignated as a terrorist support country in 2017, people affected by North Korea are now eligible to apply for the fund.

Moderator) Apart from this Pueblo case, is there still a similar lawsuit against North Korea?

Reporter) Yes, a lawsuit filed last year by South Korean-American Kenneth Bae, who was detained in North Korea for 735 days, is currently in progress. In addition, the wife and daughter of Pastor Dongsik Kim, who are known to have died after being abducted by North Korea, also recently filed a lawsuit for damages against the North Korean regime. As of now, North Korea has not responded to these lawsuits, so there is a high possibility of a default judgment.

Moderator) What else should be noted regarding the Pueblo ruling?

Reporter) Yes, of course, an official ruling has been made on the amount of damages, but the lawsuit is not yet complete. Recently, the attorney submitted some documents that were not open to the public. Although the exact details are not known, it is estimated that there are some additional matters for the judiciary to decide regarding this lawsuit, so we need to watch more.

Reporter Hahm Ji-ha learned about the US government’s ruling for compensation for the Pueblo crew.