Court Recognizes State Compensation Liability for Hyeongjebokjiwon for the First Time, Awards 14.5 Billion Won to 26 Victims

A court ruling recognizing the state's liability for compensation to the victims of the Busan Hyeongje Bokjiwon incident has been issued for the first time.

The Civil Division 29 of the Seoul Central District Court (Presiding Judge Han Jeong-seok) ruled on the 21st in a damages lawsuit filed by 26 victims of the Hyeongje Bokjiwon incident against the state, ordering "the defendant to pay the plaintiff 80 million KRW per year of detention." Accordingly, the compensation amount was set between 80 million KRW and 1.12 billion KRW per person. This recognized more than 70% of the total claim amount of 20.3 billion KRW, amounting to 14.58 billion KRW.

This ruling is the first judgment delivered among multiple damages lawsuits filed by Hyeongje Bokjiwon victims against the state. It is expected to influence the outcomes of other related lawsuits.

The court stated, "The Republic of Korea enforced the detention of the plaintiffs under the Ministry of the Interior's directive for the reporting, crackdown, and protection of vagrants, but this directive was judged to be unconstitutional and illegal as it violated the principles of legal reservation, clarity, prohibition of excess, due process, and warrant requirement," adding, "Therefore, the forced detention was also an illegal measure."

Regarding the government's claim that the statute of limitations for damages had expired, the court rejected it, stating, "This case involves a serious human rights violation, and according to its legal principles, the long-term statute of limitations does not apply." On the criteria for calculating the amount of consolation money, the court ruled, "Considering the extreme physical and mental suffering endured, the fact that many plaintiffs were minors whose right to education was violated, the significant need to deter and prevent similar human rights violations, and that although 35 years have passed since the illegal acts, compensation was delayed."

Before the ruling, the court also expressed, "We offer our condolences to the plaintiffs who were forcibly detained and endured pain and very difficult times during that period." Upon the announcement of the verdict, some victims present in the courtroom shouted, "Thank you."

On the 21st, victims of the Hyeongjebokjiwon case held a press conference after the trial at the Seoul Central District Court in Seocho-gu, Seoul. The Civil Division 29 of the Seoul Central District Court (Chief Judge Han Jeong-seok) ruled in a damages lawsuit filed by 26 victims of the Hyeongjebokjiwon case against the state, ordering "the defendant to pay the plaintiff 80 million won per year of detention." [Image source=Yonhap News]

The Hyeongje Bokjiwon incident refers to the case where, from July 20, 1960, when the Hyeongje Childcare Center was established, until August 20, 1992, when the mental health facility was closed, public authorities such as the police forcibly detained people labeled as vagrants in Hyeongje Bokjiwon, a private social welfare institution. The 2nd Truth and Reconciliation Commission on Past Affairs (Truth and Reconciliation Commission) last August judged the Hyeongje Bokjiwon incident as a serious human rights violation caused by the state's unjust exercise of public authority. It also recognized the detainees as victims and recommended an official state apology and measures for victim restoration at the national level.

The number of Hyeongje Bokjiwon admissions was estimated at about 38,000 from 1975, when Busan City signed a contract entrusting the detention and protection of vagrants, until 1986. The Truth and Reconciliation Commission determined that 657 detainees died between 1975 and 1988.