Yoon Suk Yeol arrives to his home in Seocho-gu, Seoul, after the Constitutional Court ruled to uphold his impeachment, on April 11. (Lee Sang-sub/ The Korea Herald)
Yoon Suk Yeol arrives to his home in Seocho-gu, Seoul, after the Constitutional Court ruled to uphold his impeachment, on April 11. (Lee Sang-sub/ The Korea Herald)

First lawsuit filed to jointly hold Yoon, Kim accountable for alleged abuse of emergency powers

More than 12,000 South Koreans are filing a damages suit against former President Yoon Suk Yeol and his wife, Kim Keon Hee, claiming they suffered psychologically from Yoon’s controversial declaration of martial law on Dec. 3, 2024. This is the first lawsuit to name both Yoon and Kim as co-defendants over the incident. More plaintiffs are expected to join the case.

Attorney Kim Kyoung-ho, representing the plaintiffs, said he submitted the complaint to the Seoul Central District Court on Monday. Each plaintiff is demanding 100,000 won ($72) in compensation for emotional distress.

Kim, the attorney representing the plaintiffs, told The Korea Herald in a phone interview that the people’s psychological distress stems from the fear and disillusionment caused by what they see as illegal seizure of state power.

“By unlawfully declaring martial law and paralyzing the functions of the National Assembly, the defendants instilled in people the fear that South Korea was veering toward dictatorship,” he said.

Kim explained that the situation evoked memories of the unlawful martial law imposed under Chun Doo-hwan in 1980, triggering public anxiety and trauma.

“But the damage was not only retrospective,” he added. “The Dec. 3 martial law undermined the very democracy built through the Candlelight Revolution that ousted Park Geun-hye (in 2017), shattering the dignity and self-respect of democratic citizens."

In their filing, the plaintiffs argue that Yoon’s declaration of martial law was not merely a matter of negligence, but a “deliberate and unlawful act” that violated the people’s constitutional rights.

They claim the move was driven by personal motives, particularly to block the passage of a special counsel bill to investigate Kim Keon Hee over alleged stock manipulation and luxury gift scandals, as well as to cover up evidence related to election meddling involving Myung Tae-kyun.

The lawsuit further accuses the former first lady of playing an active role, asserting that she pressured her husband to impose martial law as a way to deflect scrutiny and communicated with alleged co-conspirators.

“Kim Keon Hee served as an instigator by persistently demanding a way out of her legal troubles, which led Yoon to take the extreme step of declaring martial law,” the filing states.

The mass suit comes after the Seoul Central District Court last month ruled in favor of 104 plaintiffs in a separate damages case, ordering Yoon to pay 100,000 won per person for emotional harm caused by the martial law declaration.

Yoon has appealed the ruling, seeking to suspend enforcement. The court granted a stay of execution on the condition that Yoon post deposits equivalent to the damages.


jychoi@heraldcorp.com