South Korea's TRC Rules Vietnam Massacre Case Outside Its Scope

South Korea's Truth and Reconciliation Commission (TRC) has reiterated its position that alleged civilian massacres by the Korean military during the Vietnam War are not within its jurisdiction. In an administrative lawsuit filed by survivors of the 1968 Ha My incident, the third-term TRC submitted a legal opinion stating that cases involving foreign victims and foreign perpetrators occurring in foreign countries fall outside the scope of its mandate.

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Cases of human rights violations against foreigners that occurred in foreign countries are not considered to fall within the scope of the TRC's investigation under the current Act on the Discovery of Truth and Reconciliation Regarding Past Events.

The TRC's argument hinges on the interpretation of the 'Act on the Discovery of Truth and Reconciliation Regarding Past Events.' The commission contends that interpreting the law to include human rights violations against foreigners in foreign countries is not aligned with the legislative intent of the act. It suggests that such matters should be addressed through amendments to the current law or new legislation.

During the legislative process for the Act on the Discovery of Truth and Reconciliation, discussions focused on uncovering distorted or concealed truths related to human rights violations and abuses of power that affected South Korean citizens. While the law does not explicitly exclude cases involving foreign victims in foreign countries, the TRC's current stance emphasizes a narrower interpretation.

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Interpreting the law to include 'cases of human rights violations against foreigners that occurred in foreign countries' is difficult to consider as something the legislator intended.

Survivors of the Ha My incident, who applied for truth-finding in April 2022, had their case dismissed by the second-term TRC in May 2023. The commission cited that "cases that occurred during wartime involving foreigners in foreign countries are not within the scope of investigation." The survivors subsequently filed an administrative lawsuit challenging this dismissal, but they lost in both the first and second instances of the court.

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The Ha My incident is one of the cases that the TRC has mishandled.

Critics argue that the third-term TRC, which had promised a broader scope of investigation into past events, is now maintaining a restrictive interpretation similar to the second term. Song Sang-hyun, the chairperson of the third-term TRC, had previously indicated in an interview that the Ha My incident could be actively considered for investigation. However, the commission stated that it is difficult for the chairperson alone to overturn the previous dismissal decision and that internal deliberation is necessary. The TRC's first full committee meeting is expected next month, where the Ha My case may be revisited.

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The Ha My incident is a matter that the committee will deliberate and decide on when it convenes.