Court: State Illegally Spied on Sewol Families... Must Also Pay Compensation

[Asia Economy Reporter Kim Daehyun] The families of the Sewol ferry disaster victims who filed a lawsuit against the state were awarded a higher compensation amount in the appellate court than in the first trial.

On the 12th, the Seoul High Court Civil Division 4 (Presiding Judges Lee Gwangman, Kim Seona, Cheon Jiseong) partially ruled in favor of 228 Sewol ferry disaster victims’ families, including Jeon Myeongseon, director of the 4·16 Democratic Citizen Education Center, in the appeal lawsuit against the state and Cheonghaejin Marine Company. The court decided that in addition to the compensation recognized in the first trial, the state must also pay consolation money of 5 million KRW per biological parent of the victims and 1 to 3 million KRW to other family members.

Seoul Central District Court. / Photo by Mun Ho-nam munonam@

The court pointed out, "The defendant, the Republic of Korea’s Military Security Command, unlawfully surveilled and reported on the personal information and political tendencies of the Sewol victims’ families, infringing on the plaintiffs’ right to privacy."

Previously, 355 plaintiffs, including families of 118 Sewol victims (116 Danwon High School students and 2 civilians), filed a lawsuit in September 2015, claiming that the state caused the Sewol ferry disaster by neglecting safety inspections and management, and worsened the damage by failing to respond promptly and conduct proper on-site rescue after the accident. They also filed a lawsuit against Cheonghaejin Marine, the shipowner, alleging that the hull was forcibly expanded and remodeled and that the initial response was inadequate, which increased the damage.

The first trial recognized the responsibility of the government and Cheonghaejin Marine, considering that former Mokpo Coast Guard vessel 123 captain Kim was sentenced to prison for professional negligence resulting in death. The court set the consolation money jointly payable by the state and Cheonghaejin Marine at 200 million KRW per victim, 80 million KRW for spouses, 40 million KRW for biological parents, and 5 to 20 million KRW for children, siblings, grandparents, and others.

Adding the expected future income lost due to the death (lost income) to the consolation money, the total damages recognized by the first trial amounted to 72.3 billion KRW. The families’ claim amount in the first trial was 107 billion KRW.

Among the families, 228 appealed the first trial’s ruling.