[사회]Supreme Court dismisses emergency appeal for’Brother Uniform Support Case’… “Sickness must be healed by investigation of the truth”

[앵커]

In the 1980s, the prosecution filed an emergency appeal to the Supreme Court, claiming that the past conviction was illegal in relation to the’Brother Uniform Assistance Case’, which is one of the representative cases of human rights violations, but was dismissed.

However, the Supreme Court emphasized that the pain of the victims should be healed through investigation of the facts, even though it does not correspond to the reason for the emergency appeal.

Reporter Kang Hee-kyung reports.

[기자]

Busan Brothers’ Welfare Support, established in the name of leading the vagrants.

In the 12 years since 1975, more than 3,000 people were imprisoned illegally, and forced labor, beatings, abuse and sexual assault were committed.

More than 500 people died in the welfare records.

The late President Park In-geun was eventually handed over to trial in 1987, but after a lengthy trial, the Supreme Court’s conclusion on the charges of special confinement for Park was innocent.

The reason was that Mr. Park operated the camp based on the direction of the Ministry of Home Affairs, and according to Article 20 of the Criminal Code, acts under the laws were not punished.

And in 2018, at the time of Moon Moo-il, the prosecutor general decided to be judged by the Supreme Court once again.

He applied for an emergency appeal to the Supreme Court, claiming that he was innocent by applying Article 20 of the Criminal Law on the basis of an unconstitutional instruction.

[문무일 / 당시 검찰총장(2018년 9월) : 기소한 사건마저도 재판과정에서 관련자들이 제대로 처벌받지 못했습니다. 이런 과정은 민주주의라고 할 수 없습니다.]

However, the Supreme Court did not accept the prosecution’s emergency appeal.

The court judged that even if the instruction itself was wrong, it was only a misunderstanding of the “premise facts” in the process of applying Article 20 of the Criminal Code, and the application of Article 20 of the Criminal Code itself could not be considered a violation of the law, so it did not fall under the grounds for an emergency appeal.

Still, he said that the core of this case was that human dignity, the highest value of the Constitution, was violated.

The victims vomited resentment.

[설수영 / 형제복지원 피해자 : 이럴 수가 있습니까? 나라가 한 게 뭡니까? 나라가 한 게 뭡니까. 약자는 이렇게 당해야 합니까?]

The Supreme Prosecutors’ Office also said it was regrettable that the application for an emergency appeal was dismissed in the Supreme Court regarding a representative human rights violation case.

However, attorney Park Joon-young, who represented the victims, assessed that the part that the Supreme Court decided to sympathize with the victims’ pain and wish to receive compensation from the state was meaningful.

In particular, the victims plan to claim damages against the state, seeing that the Supreme Court recognized the fraternity support case as an illegal act led by the state, and that it could overcome the extinctive prescription obstacle.

YTN Kang Hee-kyung[[email protected]]is.

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