HAN KIM v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 774 F.3d 1044 (D.C. Cir. 2014)
caused by his North Korean captors.’’
Downs Suppl. Decl. ¶ 13. Given these
uncontroverted expert statements, we have
no trouble concluding that the Kims presented sufficient evidence to ‘‘satisf[y] the
court’’ that the North Korean government
killed Reverend Kim outside the formal
legal process.
Finally, an observation about our decision’s reach. Our conclusion would no
doubt differ if we lacked confirmed evidence that the DPRK was involved in Reverend Kim’s disappearance. In that case,
finding that the regime tortured and killed
him would arguably require too many logical leaps. But that is not this case. Here,
the Kims’ evidence that the regime abducted the Reverend, that it invariably tortures and kills prisoners like him, and that
it uses terror and intimidation to prevent
witnesses from testifying allows us to
reach the logical conclusion that the re-
1051
gime tortured and killed the Reverend. In
other words, the Kims’ evidence is ‘‘satisfactory to the court.’’
For all of these reasons, we reverse and
remand with instructions to the district
court to enter a default judgment on the
Kims’ behalf. If the DPRK is unhappy
with that outcome and has evidence that it
has not tortured and killed Reverend Kim,
it, like any defendant in default, may ask
the district court to vacate that judgment
under Federal Rule of Civil Procedure
60(b).
So ordered.
,