Choi Min-kyung, a 53-year-old North Korean defector, has opened an important legal front in that battle. She is suing Kim Jong-un and five other regime officials, alleging they committed torture and sexual violence in North Korea’s detention facilities. Choi is currently claiming damages worth 50 million won (about US$37,000) from the North Korean state. Given the IRS’s historic lack of accountability, this lawsuit is a historic moment. It’s the first time a North Korean defector has legally pursued the North Korean regime’s human rights violations in South Korean courts.
Choi Min-kyung’s appeal is particularly grounded in the conclusions from the 2014 United Nations commission of inquiry. Most of all, that report served as a blueprint for exposing North Korea’s egregious, systematic crimes against humanity — torture, sexual violence, arbitrary detention. In her case, Choi argues that Kim Jong-un personally has direct responsibility for these systematic harms. She argues that he has command responsibility under the principle of “effective control.” She submitted a criminal complaint requesting that prosecutors investigate charges of crimes against humanity against the North Korean leader and his associates.
The address for service of the defendants in the civil complaint was the mission of North Korea to the UN in New York. However, enforcing such a lawsuit raises significant practical hurdles. There is no practical mechanism by which to compel North Korea to pay damages awarded. Regardless of this hurdle, Choi is undeterred in her fight for justice.
Choi’s journey has been filled with adversity since she defected from North Korea in 1997. Her ordeal didn’t end, as she was violently repatriated from China four times total from 2000 through 2008. On her last return home in 2008, she faced five months of imprisonment in three different facilities located within North Hamgyong province.
Choi reiterated the need to act fast in her remarks on the suit. She believes it’s important to document the survivors’ stories while they are still living.
“We must act while survivors are still alive to testify,” – Choi Min-kyung
Choi’s testimony serves as a poignant reminder that human rights violations continue unabated in North Korea today. She wrote that her traumatic experiences continue to leave profound psychological and physical scars.
“It’s been 13 years since I settled in [South Korea] but I still suffer from severe PTSD from torture aftereffects and live dependent on medication,” – Choi
She expressed the significance of her lawsuit as a first step to gaining freedom and basic human rights for all North Koreans.
“This small step must become a cornerstone for freedom and human rights, so no more innocent North Koreans suffer under this brutal regime. We are the living witnesses,” – Choi
Choi Min-kyung has filed a lawsuit. This is a positive step given that awareness of the human rights abuses occurring in North Korea is more important than ever. South Korean courts have jurisdiction to hear such cases. This is largely due to the country’s constitution, which includes North Korea as part of the country’s territory. This judicial path offers a possible route for victims to break ground and bring the fight for justice to other survivors.
Choi to take an unprecedented legal journey. The international community will be watching very carefully what happens to her. Her decisions will have national consequences. These efforts could set important precedents for future attempts to hold North Korean officials responsible for human rights abuses accountable for their actions.