Court orders gov't to pay 10 million won to disability group head, care assistant after their unlawful arrest

The Supreme Court ordered the government to pay a total of 10 million won ($6,790) in compensation to Park Kyung-seok, head of Solidarity Against Disability Discrimination (SADD), and his care assistant for their unlawful arrest during a protest.

Park Kyung-seok, head of the Solidarity Against Disability Discrimination (SADD), is escorted out of City Hall Station in central Seoul on Nov. 30, 2023. [YONHAP]

The Supreme Court ordered the government to pay a total of 10 million won ($6,790) in compensation to Park Kyung-seok, head of the group Solidarity Against Disability Discrimination (SADD), and his care assistant for their unlawful arrest during a protest.

The Supreme Court upheld a lower court ruling that partially sided with the plaintiffs, finalizing the decision last Thursday by dismissing the state’s appeal without a full hearing, according to the legal community on Monday.

As a result, the government must pay 7 million won to Park and 3 million won to his assistant.

Park was arrested on July 14, 2023, for obstructing traffic by blocking a city bus at a bus stop in Yeouido, Yeongdeungpo District, western Seoul. He was released the next day. His assistant was also taken in for questioning.

Park later filed suit, claiming that he had been arrested without proper grounds, that authorities failed to provide disability accommodations as mandated by the Anti-Discrimination Against and Remedies for Persons with Disabilities Act, including the use of designated transport vehicles and that he was unlawfully detained even after questioning.

The first trial court ruled in favor of the plaintiffs, stating that the arrest violated the legal requirements for apprehending someone in the act, namely clear evidence of a crime and necessity for arrest. It held that the government was liable for damages caused by public officials' misconduct.

Park Kyung-seok, head of the Solidarity Against Disability Discrimination (SADD), speaks at a press conference in front of Seoul City Hall on April 2, 2025. [NEWS1]

The court recognized that the arrest, transport to the police station and detention all involved unlawful conduct by the police.

It noted that Park had been on the road for less than a minute before his arrest, and that although the protest was unauthorized, it could not be definitively categorized as one that warranted an official dispersal order under the Assembly and Demonstration Act.

The court also found that police left Park and others, including people with disabilities, surrounded on the sidewalk for 25 minutes in the rain, and used a van, rather than proper accessible transport, to move them to the station — a violation of human rights and disability law.

Additionally, Park was detained for about 30 hours after questioning and then released, which the court found potentially violated the Criminal Procedure Act, which requires suspects to be released immediately if a detention warrant is not sought within 48 hours.

The government appealed, but the appellate court upheld the lower court’s ruling and dismissed the appeal.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom. BY JEONG HYE-JEONG [lim.jeongwon@joongang.co.kr]