"No State Liability for Pohang Earthquake Damages"…First-Instance Ruling Overturned on Appeal

"We cannot recognize a causal relationship between the negligence of the relevant institutions and the earthquake"
Court previously ruled, "Defendants must pay each plaintiff 2 to 3 million won in damages"

The appellate court has overturned the first-instance ruling that recognized the state's liability for damages related to the earthquakes that occurred in Pohang, North Gyeongsang Province, in November 2017 and February 2018.

On May 13, the Civil Division 1 of the Daegu High Court (Presiding Judge Jeong Yongdal) ruled against the plaintiffs in the appellate trial for damages related to the Pohang earthquake, in which 111 Pohang citizens sued the state and POSCO, stating, "We cannot recognize a causal relationship between the negligence of the relevant institutions and the earthquake."

Pohang Citizens Hold Press Conference at the Courthouse. Yonhap News Agency

The appellate court stated, "For civil damages to be recognized in this case, the earthquake must have been triggered by the negligence of the relevant institutions," and added, "Among the plaintiffs' claims, there is no negligence in the state compensation claim or the joint tort claim, and we cannot recognize a causal relationship with the triggering of the earthquake in this case."

The court further explained, "Even if an induced earthquake occurred due to water injection during the geothermal power project, the plaintiffs have not provided sufficient evidence to recognize negligence on the part of public officials or relevant institutions," thereby denying the state's liability for compensation.

Previously, the first-instance court, unlike the appellate court, recognized a causal relationship between the geothermal power project and the earthquake, ruling partially in favor of the plaintiffs and ordering the defendants to pay each plaintiff between 2 million and 3 million won in damages, thereby acknowledging state responsibility. The plaintiffs had claimed mental damages ranging from 42,955 won to 20 million won each due to the earthquake.

According to the Pan-National Countermeasures Committee, as of March last year, a total of 499,881 people participated in lawsuits seeking compensation for the Pohang earthquake. This accounts for 96% of the population at the time of the earthquake (519,581 people). Immediately after the verdict, Mo Seong, co-representative of the Committee and a representative of the plaintiffs, held a press conference and stated, "All 500,000 Pohang citizens cannot help but be outraged by this absurd ruling. We will immediately appeal to the Supreme Court."

The Pohang city government also issued a statement, saying, "We deeply regret that a just decision, which all citizens hoped for, was not made," and added, "The appellate court's decision is significantly out of line with citizens' common sense and legal sentiment."

The city further stated, "We have no choice but to seek a final judgment from the Supreme Court," and asserted, "We will never back down in our efforts to restore the legal rights of Pohang citizens and to heal the damages suffered."