North Korean defector suing Kim Jong-un: ‘Someone has to speak out’

A North Korean defector filed the first-ever civil and criminal lawsuits against Kim Jong-un in South Korean courts on Friday, seeking justice for the torture and sexual violence she endured in the regime’s detention facilities.

Choi Min-kyung, 53, submitted a criminal complaint to the Seoul Central District Prosecutors’ Office charging Kim with crimes against humanity and a civil complaint to the Seoul Central District Court seeking 50 million won ($37,000) in damages. The criminal case, which targets the supreme leader and four ministry of state security officials, was filed under the Act on Punishment of Crimes under the Jurisdiction of the International Criminal Court, with Article 9 stipulating minimum penalties of five years to maximum life imprisonment. The civil suit, on the other hand, names Kim and six other officials as defendants.

“I hope he’s sentenced to death — it’s the harshest penalty under South Korean law. Kim might try to kill me for this, but someone has to speak out,” Choi told reporters on Friday. South Korean courts can hear such cases because the country’s constitution considers North Korea part of Korean territory rather than a separate sovereign state.

Choi first fled North Korea in 1997 but was forcibly repatriated from China four times between 1997 and 2008, according to the Database Center for North Korean Human Rights (NKDB), which is representing her. Born in North Hamgyong province, she grew up relatively well-off due to her father’s position as a senior Workers’ Party official, but her family fell into hardship after Kim Il Sung’s death in 1994 and the collapse of the public ration system.

During her final repatriation in 2008, she spent five months detained across three facilities in North Hamgyong, including the Onsong County State Security Department. She endured sexual assault during unsanitary body cavity searches, severe beatings that burst her right eardrum and left her unconscious, and systematic torture through forced stress positions lasting more than 15 hours daily. “Even though 13 years have passed since I resettled in South Korea, I still suffer from severe PTSD due to the torture I endured, and I remain dependent on medication,” Choi said. “My entire body still testifies to the horrific human rights situation in North Korea.” She successfully escaped on her fifth attempt in 2012.

Choi’s criminal and civil cases mark the first time a North Korean defector has pursued legal action against the regime in South Korean courts. Previous civil lawsuits against North Korea involved South Korean plaintiffs, with courts ordering compensation in 2023 for three Korean War prisoners of war and in 2024 for five Japanese-Korean defectors. The criminal component is particularly significant as previous cases were limited to civil litigation.

The legal challenge comes as approximately 1,000 defectors flee North Korea annually, with those repatriated facing harsh punishment including detention in labor camps. While enforcement remains impossible and victories are largely symbolic, Choi’s cases serve broader accountability efforts. The NKDB plans to use them as a foundation for submissions to UN human rights bodies and the International Criminal Court. North Korea, for its part, rejects human rights allegations, calling them part of a conspiracy to overthrow leadership. The court is expected to designate North Korea’s UN mission in New York as the service address since direct service to Pyongyang institutions is impossible.