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87 FEDERAL SUPPLEMENT, 3d SERIES
MEMORANDUM OPINION
RICHARD W. ROBERTS, Chief Judge
Plaintiffs Han Kim and Yong Seok Kim
(‘‘the Kims’’) brought suit against the
Democratic People’s Republic of Korea
(‘‘North Korea’’) alleging claims under the
terrorism exception to the Foreign Sovereign Immunities Act (‘‘FSIA’’), and North
Korea failed to respond. The Kims’ motion for entry of default judgment was
denied, though, for lack of sufficient evidence pled and produced to vest in the
court subject matter jurisdiction. As the
D.C. Circuit has reversed, default judgment will be entered in favor of the Kims
and damages will be awarded.
BACKGROUND
The facts of this case are detailed in
Kim, et al. v. Democratic People’s Republic of Korea, 950 F.Supp.2d 29, 35–41
(D.D.C.2013). Briefly, Han Kim, the son
of Reverend Kim Dong Shik (‘‘Reverend
Kim’’), and Yong Seok Kim, Reverend
Kim’s brother, brought this suit against
North Korea in connection with Reverend
Kim’s abduction, and presumed torture
and killing. Id. at 30. Reverend Kim was
a missionary in China ‘‘providing humanitarian and religious services to the families
of North Korean defectors and refugees
who had fled across the Sino–Korean border seeking asylum.’’ Id. at 36. Reverend
Kim was abducted from China by North
Korean agents, and presumably imprisoned, tortured, and killed for his humanitarian efforts. Id. at 38–39.
When the Kims moved for default judgment, after North Korea failed to respond
to the complaint, this Court found that
subject matter jurisdiction was lacking because the Kims did not sufficiently meet
the standard for pleading and proving that
Reverend Kim was tortured, as is required
by the FSIA’s terrorism exception. Id. at
43. The case was dismissed and the Kims
appealed.
On appeal, the D.C. Circuit reversed and
ordered that default judgment be entered
in favor of the Kims. Kim, et al. v. Democratic People’s Republic of Korea, 774 F.3d
1044, 1051 (D.C.Cir.2014); see also Mandate of U.S. Court of Appeals for the D.C.
Circuit, ECF No. 68. The D.C. Circuit
held that evidence that North Korea was
involved in the abduction of Reverend Kim
coupled with expert testimony presented
by the Kims about the treatment of North
Korea’s political prisoners is sufficient to
meet the standard for subject matter jurisdiction under the FSIA’s terrorism exception. Kim, 774 F.3d 1050–1051. The
Kims, then, will be awarded default judgment and damages will be assessed.
DISCUSSION
[1–3] Actions under the Foreign Sovereign Immunities Act usually proceed in
three parts: (1) a finding as to the district
court’s jurisdiction, (2) a finding as to the
liability of the defendant foreign sovereign,
and (3) an assessment of damages against
the defendant foreign sovereign. See, e.g.,
Roth, et al. v. Islamic Republic of Iran, 78
F.Supp.3d 379, Civil Action No. 11–
1377(RCL), 2015 WL 349208 (D.D.C. Jan.
27, 2015) (resolving an action under the
FSIA by evaluating the court’s jurisdiction, then defendant’s liability, and finally
damages); Moradi, et al. v. Islamic Republic of Iran, 77 F.Supp.3d 57, Civil Action No. 13–0599(ESH), 2015 WL 56043
(D.D.C. Jan. 5, 2015) (same). Here, the
D.C. Circuit resolved the jurisdictional
question, and by doing so also resolved the
question of liability against North Korea,
because ‘‘liability under § 1605A(c) TTT exist[s] whenever the jurisdictional requirements of § 1605A(a)(1) are met.’’ Moradi,
77 F.Supp.3d 57, 68, 2015 WL 56043 at *9
(citing Kilburn v. Islamic Republic of