North Korean Defector Choi Min-kyung Sues Kim Jong-un for Torture

In a landmark legal action, Choi Min-kyung, a 53-year-old North Korean defector, has filed a lawsuit against North Korean leader Kim Jong-un in a South Korean court, alleging severe human rights abuses including torture and sexual violence experienced during her detention in North Korean facilities. The complaint, lodged on July 10, 2025, in Seoul’s Central District Court, seeks damages amounting to 50 million won (approximately USD 37,000) from the North Korean state, represented by Kim and six other officials. Furthermore, Choi has submitted a criminal complaint urging South Korean prosecutors to investigate allegations of crimes against humanity against Kim and other officials.

This case marks a significant development in the pursuit of justice for North Korean defectors, as it is believed to be the first instance where an individual has sought legal recourse for the regime's human rights violations within South Korean courts. Choi, who escaped North Korea in 1997, has recounted her traumatic experiences, including multiple instances of torture during her detentions after being forcibly repatriated from China between 2000 and 2008. During her final detention in 2008, she endured five months of inhumane conditions across three facilities in North Hamgyong province, suffering from severe beatings and sexual assault, which she has detailed in her lawsuit.

According to Choi, “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.” Her legal representatives include Lee Young-hyun, the first North Korean-born lawyer licensed to practice in South Korea, who has emphasized the importance of this case for establishing a precedent in South Korean jurisprudence concerning human rights violations.

The Database Centre for North Korean Human Rights (NKDB), which supports Choi’s case, plans to leverage this lawsuit as a foundation for submissions to international human rights bodies, including the United Nations. Seongyeop Lee, a human rights analyst at NKDB, remarked, “This case may serve as a precedent-setting moment in South Korean jurisprudence. As other victims have also expressed interest in legal action, this case could lay the foundation for future collective lawsuits and contribute to broader accountability efforts.”

The criminal complaint explicitly names Kim Jong-un as a defendant, invoking the principle of command responsibility, which asserts that the supreme leader bears accountability for the alleged systematic crimes perpetrated by North Korean officials under his control. This principle is supported by findings from the 2014 UN Commission of Inquiry, which documented widespread human rights violations in North Korea, including torture, sexual violence, and arbitrary detention, primarily within the regime’s extensive political prison camp system.

Historically, South Korean courts have considered cases against North Korea as viable due to the constitutional stance that views North Korea as part of Korean territory, rather than a separate sovereign entity. Previous civil lawsuits have included claims from former prisoners of war and families of abducted individuals during the Korean War. However, enforcing judgments in favor of plaintiffs remains a significant challenge, as there are no mechanisms to compel North Korea to comply with court orders, rendering such legal victories largely symbolic.

Joanna Hosaniak, Deputy Director of the Citizens’ Alliance for North Korean Human Rights, cautioned against the complexities inherent in crimes against humanity cases, which typically require extensive evidence of systematic patterns and multiple victims. “These are hugely complex legal proceedings that usually take years to build properly,” she stated. Nonetheless, Choi remains resolute in her pursuit of justice, asserting, “We must act while survivors are still alive to testify. 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’s case not only highlights the personal struggles faced by North Korean defectors but also underscores the ongoing challenges of addressing human rights violations within one of the world’s most repressive regimes. The outcome of this lawsuit could have significant implications for future legal actions and the global response to human rights abuses in North Korea.