Court finds South Korea responsible for massacres in Vietnam war

SEOUL, South Korea (AP) — A South Korean court on Tuesday ordered the government to pay 30 million won ($24,000) to a Vietnamese woman who survived a gunshot wound but lost several relatives when South Korean marines attacked her during the Vietnam War Village rampaged in 1968.

In awarding compensation to 62-year-old Nguyen Thi Thanh, the Seoul District Court rejected the government’s argument that it was unclear whether South Korean forces were responsible for the Phong Nhi village massacre in central Vietnam.

The court also rejected the government’s argument that killings of civilians were inevitable because South Korean troops were dealing with Viet Cong guerrillas who often mingled with the villagers, according to Thanh’s lawyer Lim Jae-sung. Government lawyers were also unable to invoke a statute of limitations.

The ruling is the first time a South Korean court has held the government responsible for mass killings of Vietnamese civilians during the war and could potentially pave the way for similar lawsuits. South Korea was then ruled by anti-Communist military leaders and deployed more than 320,000 troops to Vietnam, the largest foreign contingent fighting alongside US troops.

South Korea’s Justice Ministry did not immediately respond to a request as to whether the government would appeal.

The government has never officially acknowledged responsibility for civilian massacres involving South Korean soldiers in Vietnam, which some experts say may have been responsible for thousands of deaths. These atrocities have not significantly affected official relations with Vietnam, whose growing economy is benefiting from South Korean investment.

According to US military documents and survivors, more than 70 people were killed and around 20 others injured when South Korean marines allegedly fired on unarmed civilians while sweeping through Phong Nhi and the nearby village of Phong Nhut on February 12, 1968. The action came after at least one South Korean soldier was hit and injured by nearby enemy fire.

Thanh, then 7 years old, was being treated for gunshot wounds in her stomach while five of her family members died, including her mother, sister and brother.

According to US military investigative documents, US Marines and South Vietnamese militias gave medical aid to villagers who fled as South Korean soldiers continued to fire in the villages.

US Marines later entered the villages and found piles of bodies in various areas, many burned or buried in ashes. A US soldier took photos that served as evidence during Thanh’s trial.

Thanh filed the lawsuit against the South Korean government in 2020 and testified in Seoul court last August. The trial also included testimonies from other Vietnamese villagers and South Korean war veterans such as Ryu Jin-seong, a member of the naval unit linked to the Phong Nhi and Phong Nhut attacks. He gave a first-hand account of how South Korean soldiers fired on unarmed civilians, including many children and women.

Thanh, who was awaiting the verdict in Vietnam, said she was “over the moon” with her victory in court.

“I think the souls (of those who died in Phong Nhi) have always been with me and supported me,” she said in a video message translated by her legal team. “I’m overjoyed because I think souls can rest easy now.”

The South Korean government had argued there was no conclusive evidence that South Korean troops were responsible for the killings, even suggesting that the attackers could have been Viet Cong fighters disguised in South Korean uniforms trying to wage psychological warfare.

The government also insisted that even when South Korean soldiers were involved, their aggressive response was justifiable as they faced constant threats from Viet Cong guerrillas, who often hid among villagers and were actively recruiting young women.

Thanh’s lawyers dismissed the claim, saying there was no way to justify the killings, while South Korean veterans have consistently said they faced no significant resistance or attack from villagers, who were rounded up and shot at point-blank range.

Kim Tong-hyung, The Associated Press

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