The appellate court also recognized the state's liability for damages in the lawsuit filed by survivors and families of the Sewol ferry disaster against the government.
Officials from the Sewol Ferry Disaster 10th Anniversary Committee held a press conference pledging remembrance 100 days before the 10th anniversary of the Sewol Ferry disaster on January 10 in front of the Sewol Ferry Memory Space at the Seoul Metropolitan Council in Jung-gu, Seoul. [Image source=Yonhap News]
The Civil Division 20-2 of the Seoul High Court (Presiding Judges Hong Ji-young, Park Seon-young, Kim Se-jong) ruled on the 7th in the appeal trial of the damages claim lawsuit filed by 55 survivors and families of the Sewol ferry disaster against the state and the shipping company Cheonghaejin Marine, partially upholding the plaintiffs' claims as in the first trial.
The court maintained the liability for consolation damages recognized in the first trial and acknowledged sequelae disabilities for six survivors who underwent physical examinations (three Danwon High School students and three civilians at the time), increasing the compensation amount partially. Accordingly, the compensation per person increased by approximately 2.2 million to 40 million KRW compared to the first trial. However, the plaintiffs' additional claim for compensation regarding secondary harm caused by military intelligence agency surveillance was dismissed.
The survivors and families of the Sewol ferry disaster refused the compensation payments decided under the Special Act on Relief and Support for the Victims of the April 16 Sewol Ferry Disaster enacted in 2015 and proceeded with the lawsuit.
The first trial court recognized the liability of the state and Cheonghaejin Marine. The court found that the Coast Guard and the captain and crew's negligence in evacuation guidance at the time of the disaster constituted official negligence, and there was a causal relationship between the illegal acts during the accident and the mental suffering experienced by the survivors.
Accordingly, the court ordered compensation payments of 80 million KRW per survivor, 4 million to 16 million KRW for parents, siblings, and grandparents of Danwon High School student survivors, and 2 million to 32 million KRW for spouses, children, parents, and siblings of civilian survivors.
Regarding the partial victory ruling of the first trial court, 21 of the 76 plaintiffs did not appeal, finalizing the judgment, while the remaining 55 appealed, leading to the second trial.
The plaintiffs' legal representative stated, "In the victims' cases, secondary harm caused by military intelligence agency surveillance was recognized, but it is regrettable that it was not acknowledged for the survivors, who are the same victims."
He added, "It seems that many survivors were unable to undergo physical examinations due to COVID-19, resulting in no recognition of additional compensation," and said, "Survivors are living with great pain, perhaps even greater than the victims, as they survived while their friends died."
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