KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 87 F.Supp.3d 286 (D.D.C. 2015)
Iran, 699 F.Supp.2d 136, 155 (D.D.C.2010);
Gates v. Syrian Arab Republic, 580
F.Supp.2d 53, 64–69 (D.D.C.2008); and
Murphy v. Islamic Republic of Iran, 740
F.Supp.2d 51, 72 (D.D.C.2010)). The only
issue that remains is the proper assessment of damages. Under the FSIA,
‘‘damages may include economic damages,
solatium, pain and suffering [collectively,
compensatory damages], and punitive
damages.’’ 28 U.S.C. § 1605A(c).1
I.
COMPENSATORY DAMAGES
[4, 5] In order to be awarded compensatory damages, ‘‘a plaintiff must prove
that the projected consequences [of the
defendant’s actions] are ‘reasonably certain’ (i.e. more likely than not) to occur, [or
that actual consequences have occurred,]
and must prove the amount of damages by
a ‘reasonable estimate’ consistent with [the
D.C. Circuit’s] application of the American
rule on damages.’’ Hill v. Republic of
Iraq, 328 F.3d 680, 681 (D.C.Cir.2003).
Damages are assessed through findings as
to each plaintiff, ‘‘including the injuries
[he] suffered TTT and [his] citizenship (as is
relevant to [his] entitlement to recover
under section 1605A of the FSIA).’’ Roth,
78 F.Supp.3d 379, 389, 2015 WL 349208 at
*4.
Han Kim is a resident of St. Charles,
Missouri and was born on October 23, 1976
in Jinhae, South Korea. Decl. of Han
Kim, ECF No. 17 ¶¶ 1–2. He is the
youngest child of Reverend Kim and Jung
Soon Kim. Id. ¶ 3. When Reverend Kim
was abducted in 2000, Han Kim was a
permanent resident of the United States,
and later became a U.S. citizen in 2003.
Id. ¶ 4. Han Kim had a loving relationship
1.
A plaintiff may establish the necessary proof
for damages through affidavits or live testimony. See Weinstein v. Islamic Republic of Iran,
175 F.Supp.2d 13, 21 (D.D.C.2001) (finding
that affidavits can form a sufficient evidentia-
289
with his father throughout his childhood
and recalls his father as a unifying force in
the family at the untimely death of Han
Kim’s mother. Id. ¶¶ 6–12. At the age of
16, Han Kim travelled to the United States
where he graduated from high school and
college. Id. ¶¶ 14–16.
Han Kim’s sister Dani told him about
his father’s abduction a few days after
Reverend Kim’s kidnapping. Id. ¶ 24. In
‘‘[t]he days following the report that [his]
father had been violently kidnapped TTT
[he] was seized with apprehension and
fears about his [father’s] wellbeing and
fate.’’ Id. ¶ 27. Being so far away made it
‘‘especially painful and frustrating.’’ Id.
Han Kim found himself ‘‘unable to sleep’’
and unable to ‘‘stop thinking about what
had happened to [his] father.’’ Id. The
abduction occurred while Han Kim was
still in college, and made it difficult for him
to focus on his studies. Id. ¶ 28. Not
knowing for certain what has happened to
his father has caused him ‘‘suffering and
grief.’’ Id. ¶ 30. It is evident from Han
Kim’s declaration that he has been deeply
affected by his father’s kidnapping, and
presumed torture and death. Id. ¶ 35–45.
Yong Seok Kim is a resident of Newark,
California and a U.S. citizen. Decl. of
Yong Seok Kim, ECF No. 18 ¶ 1. Reverend Kim was Yong Kim’s older brother by
seven years. Id. ¶ 5. Yong Kim was very
close to his older brother and viewed him
as a father figure. Id. ¶ 9. Reverend Kim
provided meaningful advice to Yong Kim
throughout Reverend Kim’s life. Id. ¶ 11.
After Yong Kim moved to the United
States in 1985, Reverend Kim visited him
two to three times a year, and they maintained a close relationship. Id. ¶ 12.
ry basis under the FSIA). Here, the Kims
have provided various affidavits supporting
proposed findings of fact to establish damages. No damages hearing will be necessary.