HAN KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 950 F.Supp.2d 29 (D.D.C. 2013)
have been charged with a violation of
D.C.Code § 22–3008. The Defendant does
not contest the fact that the Government
made that showing in this case. Accordingly, the Defendant’s [98] Rule 29 Motion
for Judgment of Acquittal is DENIED.
An appropriate Order accompanies this
Memorandum Opinion.
,
HAN KIM, et al., Plaintiffs,
v.
DEMOCRATIC PEOPLE’S
REPUBLIC OF KOREA,
et al., Defendants.
Civil Action No. 09–648 (RWR).
United States District Court,
District of Columbia.
June 14, 2013.
Background: Brother and son of abducted reverend brought action against officials, employees and agents of Democratic
People’s Republic of Korea (DPRK) under
terrorism exception of Foreign Sovereign
Immunities Act (FSIA), seeking damages
due to abduction. After securing entry of
default, plaintiffs moved for default judgment.
Holding: The District Court, Richard W.
Roberts, J., held that it lacked subject
matter jurisdiction over action, in accordance with FSIA.
Motion denied.
1. Federal Courts O34, 797
When a court reviews unchallenged
factual allegations on a motion to dismiss,
the allegations are assumed to be true for
purposes of assessing subject matter jurisdiction; similarly, for the purposes of examining subject matter jurisdiction on a
motion for entry of default under the For-
29
eign Sovereign Immunities Act (FSIA),
courts accept the plaintiffs’ factual allegations as true. 28 U.S.C.A. § 1602 et seq.;
Fed.Rules Civ.Proc.Rule 55, 28 U.S.C.A.
2. International Law O10.42
Beyond the pleadings stage of action
alleging violation of Foreign Sovereign Immunities Act (FSIA), plaintiffs have to
prove the merits of their claims before
they can obtain a default judgment, the
evidence they present will have to provide
support for the theories of liability they
allege. 28 U.S.C.A. § 1602 et seq.; Fed.
Rules Civ.Proc.Rule 55, 28 U.S.C.A.
3. International Law O10.38, 10.42
In action arising under Foreign Sovereign Immunities Act (FSIA), plaintiffs
may present their evidence in the form of
affidavits or declarations, and an evidentiary hearing is not required before a default
judgment against a foreign state is entered. 28 U.S.C.A. § 1602 et seq.
4. Evidence O43(4)
District Court would take judicial notice of judgment of South Korean court to
establish fact of foreign litigation and resulting actions of foreign court. Fed.Rules
Evid.Rule 201, 28 U.S.C.A.
5. Aliens, Immigration, and Citizenship
O767
For any production of pain to constitute torture under the Torture Victim Protection Act (TVPA), the act must be purposive, and not merely haphazard or the
unforeseen or unavoidable incident of some
legitimate end. Torture Victim Protection
Act of 1991, § 3(b)(1), 28 U.S.C.A. § 1350
note.
6. International Law O10.33
Although brother and son of abducted
reverend showed any mistreatment of reverend by officials, employees and agents
of Democratic People’s Republic of Korea