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Yong Kim recalls learning about Reverend Kim’s abduction from Yong Kim’s
nephew, Tae Ha Kim. Id., ¶ 16. The initial notice of his brother’s abduction
caused him to be in shock and fear for his
brother’s life.
Id. ¶ 17.
Yong Kim
‘‘thought about [his] brother day and night
and [he] was unable to sleep.’’ Id. After
some time with no notice of Reverend
Kim’s whereabouts, Yong Kim’s ‘‘shock
turned to despair and depression.’’ Id.
¶ 18. Reverend Kim’s abduction, and the
lack of information as to his condition,
made it difficult for Yong Kim to work,
focus, and maintain family relationships.
Id. ¶ 19. ‘‘The unrelenting worry and fear
over [his] brother’s abduction has caused
[him] to experience a long term sadness
and depression.’’ Id. ¶ 28. It is clear
from Yong Kim’s declaration that Reverend Kim’s abduction, and presumed torture and death have caused him great
emotional strife and has profoundly affected his life.
[6–8] The Kims seek compensatory
damages for their pain, suffering, and solatium. Solatium, a form of compensatory
damages, seeks ‘‘to compensate persons
for mental anguish, bereavement and grief
that those with a close personal relationship to a decedent experience as well as
the harm caused by the loss of the decedent’s society and comfort.’’ Roth, 78
F.Supp.3d 379, 402, 2015 WL 349208 at
*15 (quoting Oveissi v. Islamic Republic of
Iran, 768 F.Supp.2d 16, 25 (D.D.C.2011))
(internal quotation marks and alterations
omitted). ‘‘Courts may presume that
those in direct lineal relationships with
victims of terrorism suffer compensable
mental anguish[,] TTT and testimony proving a close emotional relationship will usually be sufficient to sustain an award of
solatium damages’’ for siblings. Id. Han
Kim and Yong Kim have both demonstrated a close emotional relationship to Rever-
end Kim, and both have expressed their
deep grief as a result of his abduction, and
presumed torture and death.
While it is difficult to quantify the grief
that Han Kim and Yong Kim have experienced, and continue to experience, as a
result of North Korea’s violent actions,
these plaintiffs are entitled to compensation for their loss, pain, mental anguish,
and suffering. Accordingly, Han Kim and
Yong Kim will be awarded a judgment of
$15,000,000 each against North Korea in
compensatory damages, amounting to approximately $1,000,000 per year since Reverend Kim’s initial abduction in 2000.
This calculation is within the range of
damage awards in similar cases that involve abduction and torture by a non-immune foreign sovereign. See, e.g., Massie
v. Gov’t of Democratic People’s Republic of
Korea, 592 F.Supp.2d 57, 77 (D.D.C.2008)
(awarding $1,250,000 to the spouse of a
torture victim held for nearly one year by
North Korea); Anderson v. Islamic Republic of Iran, 90 F.Supp.2d 107, 114
(D.D.C.2000) (awarding $6,700,000 to the
daughter of a torture victim held for approximately six and a half years); Cicippio
v. Islamic Republic of Iran, 18 F.Supp.2d
62, 70 (D.D.C.1998) (awarding $10 million
to the spouse of a torture victim held for
63 months and $9 million to the spouse of a
torture victim held for 44 months).
II.
PUNITIVE DAMAGES
[9, 10] ‘‘Punitive damages are not
meant to compensate the victim, but [are]
instead meant to award the victim an
amount of money that will punish outrageous behavior and deter such outrageous
conduct in the future.’’ Bodoff v. Islamic
Republic of Iran, 907 F.Supp.2d 93, 105
(D.D.C.2012) (quoting Oveissi v. Islamic
Republic of Iran, 879 F.Supp.2d 44, 56
(D.D.C.2012)). The determination as to
the proper amount of punitive damages to