Some of the bereaved families who received compensation from the government for the Sewol ferry disaster filed a lawsuit to cancel the decision to pay compensation, saying they would return the money, but the court did not accept it. The families argued that they would not have taken the compensation if they had known of the state's responsibility, including botched rescue operations, but the court ruled in effect that the matter was already over.
The Seoul Central District Court's Civil Agreement Division 31 (Presiding Judge Nam In-su, Director General judge) on the 15th dismissed a lawsuit filed by 382 people, including a person surnamed Kim, seeking to cancel the decision by the April 16 Sewol ferry disaster compensation and review committee on the payment of compensation. The court also dismissed the families' request to refer the case to the Constitutional Court for a review of the law.
Dismissal is a decision to terminate a case without entering into a judgment on the merits when it is determined that the requirements for a lawsuit have not been met. The court found that the procedures for paying compensation to the bereaved families had already ended and could no longer be disputed.
The families also argued that a retrial was necessary because the settlement decision omitted the state's responsibility, but the court did not accept this either. The court said, "This case went through a 'settlement' procedure, under which compensation was set and consent was obtained without stating factual findings or legal judgments," adding, "There is nothing in the settlement procedure that can be seen as an omission in judgment."
The court also took issue with the time limit for a retrial. A retrial must be requested within 30 days after receiving the compensation decision, but because the lawsuit was filed after 30 days had passed, the court determined a retrial request would also be difficult.
In Mar. 2015, the committee set damages for mental suffering at 100 million won per victim. In June of the same year, under the Sewol Ferry Disaster Victim Compensation Act, it decided to pay a total consolation subsidy of 300 million won, including 50 million won in state funds and 250 million won from public donations.
The families who filed this lawsuit received compensation in line with the committee's decision at the time. Another 355 families rejected compensation and filed a damages lawsuit against the government and the Sewol ferry operator Cheonghaejin Marine.
As the fact-finding process later revealed additional indications of the state's inadequate rescue and raised suspicions that the Defense Security Command surveilled the families, those who had received compensation also filed a separate damages suit against the state in 2018. However, because receiving compensation is deemed to constitute a judicial settlement, creating a problem that a damages suit cannot be established, the families filed a lawsuit to cancel the compensation decision alongside it.
Proceedings in the main damages case have been stayed until a conclusion in this lawsuit.