▲ Children at Seongam Academy in 1970
In a damages lawsuit filed by victims who were detained and subjected to forced labor at the "Seongam Academy," a facility for vagrants, the court has ruled that both the state and Gyeonggi Province share joint liability for compensation.
The 30th Civil Division of the Seoul Central District Court (Presiding Judge Kim Seok-bum) recently ruled in a damages lawsuit filed by three plaintiffs, including victims detained at Seongam Academy and their bereaved families, against the state and Gyeonggi Province, ordering that "the defendants shall jointly pay a total of 228.88 million won to the plaintiffs."
Seongam Academy was a facility for vagrants established on Seongam Island, located in Ansan, Gyeonggi Province.
Opened in 1942 during the Japanese colonial period, its jurisdiction was transferred to Gyeonggi Province after liberation in 1946, and it was operated until September 1982.
As children separated from their families and wandering around surged due to the Korean War, the government forcibly detained them at Seongam Academy as part of measures to eradicate vagrancy.
Not infrequently, children were detained without proper verification of their identities, even though they had families.
Inmates were isolated, mobilized for unpaid forced labor, and subjected to brutal treatment.
More than 4,000 boys were dragged into the facility, and hundreds lost their lives.
The plaintiffs consist of two victims themselves who were detained at Seongam Academy for periods ranging from eight months to three years and five months during the 1960s and 1970s, and a bereaved family member of another victim.
They argued that the state and Gyeonggi Province had an obligation to pay consolation money for illegal acts.
In response, the state side denied liability for compensation, arguing that "the operating entity of Seongam Academy is Gyeonggi Province, and the damages suffered by the plaintiffs cannot be viewed as stemming from the unconstitutional and illegal vagrancy policies of the state."
Similarly, Gyeonggi Province argued that "the establishment and operation of Seongam Academy were carried out under the responsibility and leadership of the state, and Gyeonggi Province merely processed delegated affairs as a subordinate administrative agency."
The court judged that "the operating entity of Seongam Academy cannot be evaluated as being limited to a single party, and the series of actions by the defendants constitute a joint tort," holding that both the state and Gyeonggi Province bear joint liability for compensation.
Citing Supreme Court precedents, the court explained, "The affairs of guidance and supervision over vagrant guidance facilities fall under affairs related to the promotion of resident welfare, possessing the nature of local government autonomous affairs, while also possessing the nature of state affairs as they need to be handled according to uniformly applied standards nationwide, such as preventing human rights violations and ensuring that all facilities receive equal treatment regardless of the financial capacity of local governments."
It also cited the fact that while academy members were organized and appointed by the Governor of Gyeonggi Province, the detained children were not limited to residents of Gyeonggi Province as a basis for recognizing joint compensation liability.
(Photo: Yonhap News)