[Asia Economy Reporter Seongpil Cho] Fishermen who filed a state compensation lawsuit claiming that their fishing activities were disrupted due to construction at Sokcho Port won again in the appellate court. Although the lawsuit was filed belatedly, the court recognized the state's liability for compensation, stating that "the statute of limitations has not been completed."
The Civil Division 8 of the Seoul High Court (Presiding Judge Seokjo Jang) ruled in favor of the plaintiffs in part, as in the first trial, in the damages lawsuit filed by 21 fishermen near Sokcho Port, including Mr. Kim, against the government. The court stated, "The fact-finding and judgment of the first trial, which ordered the government to pay approximately 155 million KRW to the fishermen, are appropriate."
The construction of the Sokcho Port tourist ship pier began in November 2000 according to the National Port Basic Plan. The project was originally scheduled to be completed in May 2003, but the government expanded the project scale for the purpose of establishing marine tourism infrastructure and revitalizing the local economy, extending the construction until July 2015. At that time, the construction of port facilities such as breakwaters and revetments, as well as large-scale reclamation work, caused suspended solids (muddy water) to reach 2082.17 kg/hr. In response, Mr. Kim and others filed a lawsuit in February 2018, demanding compensation of approximately 222 million KRW, claiming that "the outflow of soil during the construction caused changes in the marine ecosystem, resulting in a decrease in fish catch."
The key issue in the lawsuit was whether the statute of limitations had been completed. Under civil law, the right to claim damages disappears if three years have passed since the victim became aware of the damage and the perpetrator. The government argued that "a lawsuit related to fishing damage compensation caused by Sokcho Port construction was already filed several years ago, so it should be considered that Mr. Kim and others knew about the damage and the perpetrator around that time," claiming that the statute of limitations had been completed. They pointed to a lawsuit filed in 2013 by another 224 fishermen near Sokcho Port, including Mr. Kwon, based on the same claim.
However, the first trial court focused on the fact that the compensation ruling for Mr. Kwon and others was delivered in November 2017. The court stated, "It is reasonable to consider that Mr. Kim and others realistically and specifically recognized the occurrence of damage caused by Sokcho Port construction only from around late 2017 to early 2018, when they became aware of the prior ruling," and "the government's statute of limitations claim is groundless and therefore rejected." The appellate court also agreed with this first trial judgment. The court ruled, "Since the first trial judgment is appropriate, the claims of Mr. Kim and others are accepted within the scope of recognition, and the government's appeal is entirely dismissed."
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