It was reported on the 13th that "government compensation" paid by the government to victims or bereaved families as it acknowledges wrongdoing in historical injustice cases has surged from the 100 billion won range last year to the 220 billion won range this year. This occurred as the government abandoned or withdrew appeals after losing in lower courts in major cases.
On this, the government explained in the sense that "if victims or bereaved families have won through the appellate court, there is almost no chance it will be overturned at the Supreme Court, so it is right to pay compensation as soon as possible."
However, in legal circles, there is criticism that "if the government is to pay compensation with taxpayers' money, it should obtain a final Supreme Court ruling." There is also the view that "for the restoration of honor of victims or bereaved families as well, the ultimate solution is to confirm victory through a Supreme Court ruling, not through the government's withdrawal or abandonment of appeals."
◇ This year's government compensation at least 226 billion won... double last year's 106.7 billion
According to the Ministry of Justice, the total of government compensation paid and scheduled for payment from January to September this year is 226 billion won. Of that, 129 billion won was already paid in the first half, and the remaining 97 billion won was finalized for compensation as the Ministry of Justice abandoned appeals in the Brothers Home and Seongam Institute cases.
Last year's government compensation was 106.7 billion won, which has more than doubled this year. This year's government compensation also exceeded the average annual payout of the past five years (137.7 billion won).
Brothers Home was a social welfare corporation established under a consignment contract with Busan City, where some 38,000 people were forcibly confined from 1975 to 1987. Dozens died there due to forced labor and assaults. In seven lower-court cases concluded through last month, the state's liability for compensation was recognized across the board. In March, there was also one final Supreme Court ruling recognizing the state's liability.
In addition, under the Lee Jae-myung administration, the Ministry of Justice also abandoned appeals in the cases of the late Lt. Col. Kim O-rang, the Samcheong Education Camp, the Seosan Reclamation Group, and the Yeosu-Suncheon Oct. 19 incident. These cases also saw lower-court rulings recognizing the state's liability for compensation. Accordingly, this year's amount of government compensation has already surpassed 226 billion won, the amount already paid or finalized for future payment.
◇ Legal community: "State illegal acts should be finalized at the Supreme Court"
Views in the legal community are split over the government's policy of abandoning appeals. Those who see it as reasonable say that if cases the government lost in the first and second trials are taken to the Supreme Court and ultimately lost, delay interest accrues and the government compensation itself increases.
On the other hand, some argue that because compensation is paid with taxpayers' money, it is right to seek a Supreme Court judgment. One legal professional said, "From the perspective of bereaved families of victims as well, it is right to confirm whether the state committed an illegal act through a Supreme Court ruling."
There was also a "discord" between the Ministry of Justice and frontline prosecutors' offices over abandoning appeals. The Ministry of Justice said on the 9th that it would abandon appeals in the Yeosu-Suncheon Oct. 19 incident, but on the 10th it emerged that prosecutors had filed an appeal in a retrial case.
On this, Justice Minister Jeong Seong-ho wrote on Facebook, "Before the Ministry of Justice announced its policy to abandon appeals in the Yeosu-Suncheon incident, a frontline prosecutors' office instructed the litigation agency to file an appeal, and the agency submitted a notice of appeal." He added, "We also plan to withdraw the appeal in this case."
Under the State Compensation Act, the government compensates for damages arising from illegal acts by public officials or defects in public facilities. However, victims must receive a compensation decision from the Ministry of Justice's Compensation Review Committee or obtain a final court ruling for damages.
On average, 1,000 to 2,000 government compensation lawsuits are filed each year, and it is reported that a significant number of them are brought by victims of historical injustice cases or their bereaved families.