Appeals Court Overturns Compensation for Mental Distress in Sewol Ferry Special Investigation Commission Obstruction Case

Former investigators who filed a damages suit claiming they suffered mental distress due to the Park Geun-hye administration's obstruction of the 4·16 Sewol Ferry Disaster Special Investigation Commission have lost their appeal regarding compensation for emotional damages.

While the first trial recognized that the plaintiffs suffered mental distress due to actions for which former Vice Minister of Oceans and Fisheries Yoon Hak-bae and others were convicted in criminal proceedings, the second trial overturned this judgment.

On July 15, the 11-2 Civil Division of the Seoul Central District Court (Presiding Judges Kwak Hyeong-seop, Jeon Seo-young, and Yang Hyeong-gwon) ruled partially in favor of the three former Sewol Ferry commission investigators in their damages suit against the state.

The court ordered the state to pay the plaintiffs their unpaid wages, ranging from 24 million won to 38 million won, but ruled that there was no obligation to pay the 10 million won in compensation for mental distress that had been recognized by the lower court.

The plaintiffs had worked as special service investigators for the Sewol Ferry commission starting in July 2015. The government terminated the commission's activities in September of the following year and processed their dismissals in November of the same year.

The investigators filed the lawsuit in November 2020, claiming that the state had forcibly disbanded the commission early and obstructed its activities, and demanded payment for unpaid wages from October 2016 to May 2017, as well as 20 million won each for mental distress.

The allegations of obstruction regarding the Sewol Ferry commission involved the Ministry of Oceans and Fisheries and the Presidential Office interfering with the commission's activities during the Park Geun-hye administration. Only former Vice Minister of Oceans and Fisheries Yoon Hak-bae and former Senior Secretary for Political Affairs Cho Yoon-sun were convicted after being indicted by the Seoul Eastern District Prosecutors' Office.

They were sentenced to one year in prison with a two-year probation and six months in prison with a one-year probation, respectively, with their sentences finalized in 2024.

Separately, the Sewol Ferry Special Investigation Team indicted nine people, including former Presidential Chief of Staff Lee Byung-kee, on charges of abuse of power, but all were acquitted last year.

The charges for which former Vice Minister Yoon and former Secretary Cho were convicted included ordering Ministry of Oceans and Fisheries officials to draft documents on the background and response plans for the establishment of the commission, and instructing them to monitor and report on the commission's internal movements.

The first trial pointed out that even the actions for which they were acquitted in criminal court were "not necessarily free from being illegal or inappropriate."

As a primary example, it cited the withdrawal of a request for legal interpretation from the Ministry of Government Legislation regarding the commission's term.

The Special Act on the Investigation of the Sewol Ferry Disaster stipulated that the commission should complete its work within one year from the date its composition was finalized, but this led to controversy at the time due to differing interpretations of what constituted the "date its composition was finalized."

The first trial court stated, "We cannot find a reasonable justification for the withdrawal," adding, "It is reasonable to view that they made the commission's activities impossible by processing the plaintiffs' dismissals before the end of their terms and closing the office based on an incorrect interpretation of the law."

Regarding the monitoring of the commission's internal movements, the court said, "It appears they would have felt significant mental pressure," and "The plaintiffs likely felt frustrated as they were constrained in their investigative activities and unable to properly perform their duties."

However, the appeals court judged regarding the withdrawal of the legal interpretation request that "it is not uncommon for the head of a central administrative agency to request a legal interpretation from the Ministry of Government Legislation and then withdraw it," and "it is difficult to conclude that any mental distress was caused to the plaintiffs solely by the instruction to withdraw the request."

Regarding the drafting of the documents on the "background and response plans for the establishment of the commission," for which the defendants were convicted, the court stated, "This was an act that occurred before the plaintiffs began their work as special service public officials," and "Despite these actions, the commission appears to have been established and commenced its activities as scheduled without any significant hindrance."

Furthermore, regarding the monitoring of internal movements, the court stated, "The mental distress claimed by the plaintiffs, which involves compulsively managing materials and strengthening security due to fears of internal surveillance, can be seen as stemming from their duty to be mindful of the security of related materials as special service public officials, even without the monitoring and reporting actions of Yoon Hak-bae."

The arbitrary and restrictive interpretation of the laws regarding the commission's activity period was recognized by both the first and second trials, and the plaintiffs will only receive compensation for their financial losses.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.