South Korea's Supreme Court rules on state liability for compensation in ”Brothers Welfare Home” case

The Supreme Court has upheld a ruling recognizing the state's responsibility to pay compensation to victims of the forced detention case at the "Brothers Welfare Home" in Busan, South Korea.
On the 27th, the First Civil Division of the Supreme Court dismissed the government's appeal in a lawsuit filed by 13 victims against the government for damages, citing a lack of continuity in the proceedings.
The first-instance court handed down a partial ruling in favor of the victims, confirming the government's liability for compensation.
The court ordered the government to pay 200 to 400 million won (approximately 20 to 40 million yen) per person. The second trial dismissed both parties' appeals in November last year, upholding the original ruling. The government appealed again, but on the same day, the Supreme Court
The Supreme Court dismissed the case for lack of continuance, making the ruling final. This is the first time that the Supreme Court has recognized the government's liability for compensation in this case.
On the same day, the First Civil Division of the Supreme Court also dismissed the appeal in a similar lawsuit filed by 15 other victims, citing a decision not to continue the trial.
The court ruled in favor of the defendant in part, confirming the government's liability for compensation. The case involved the police and other public authorities forcibly confining people they considered to be homeless to "Brother Welfare Homes" run by a private social welfare corporation.
The forced detentions lasted for a long period of time, from the establishment of the Brothers Childcare Home in 1960 until the closure of the mental health facility in 1992.
In August 2022, the "Committee on the Protection of Human Rights in Japan" recognized the incident as a serious violation of human rights caused by the government's unjust exercise of public power. It recommended that the government make an official apology and formulate measures to compensate for the damage.
In December 2023, in a lawsuit filed by other victims, a judicial decision was made for the first time recognizing the state's liability for compensation, and similar rulings were subsequently made in lower courts.