Mom, unaware of son's death for 7 years, seeks state compensation

The first anniversary of the Sewol tragedy is commemorated at the Paengmok Harbor on the island of Jindo in South Jeolla Province, in 2015. (Herald DB)

The Supreme Court on Thursday ruled against a woman who requested state financial compensation for her son's death in the 2014 sinking of Sewol ferry, which she only learned of in 2021.

She was, however, granted the right to inherit her share of the compensation paid to her son by the government.

The plaintiff filed charges for compensation for the son's death in 2021, after belatedly learning of his death in one of the worst maritime tragedies in the country's history. The 2014 sinking of the ferry left 304 dead or missing, most of the victims being students of on a school field trip.

The plaintiff had not been aware that her son -- among the many students -- had died, having not contacted him or his father since her divorce from his father in 2000. She became aware of his death in 2021, and launched a civil suit for state compensation in March of that year.

The plaintiff held the government directly responsible for her son's death, pointing to a 2015 ruling that found state officials liable in the botched rescue operation that led to passengers' deaths.

South Korea's Civic Act states that one's right to demand compensation expires three years after the victim has learned of the illegal actions, or 10 years after the action.

In a previous ruling, the government was ordered to pay her 30 million won ($23,000) in compensation, along with the 370 million won she was to inherit from her son's compensation. The court pointed out that three years had not passed since January of 2021, when the plaintiff had first learned of the government's wrongdoings that led to the tragedy.

The Supreme Court, however, ruled that the National Finance Act must be applied in the plaintiff's request for compensation. It cited Article 96 of the National Finance Act that states that the right to seek payment from the state expires if not exercised for five years.

Because the plaintiff did not request for compensation within five years of the ruling that held government officials responsible, her right to request compensation had expired.

But the court upheld the plaintiff's right to inherit the 370 million won, stating that the right for inheritance stands for six months after a person has been confirmed as a beneficiary. She was notified of her rights in January of 2021 and launched a lawsuit for it within the sixth months, meaning that she should be granted her inheritance.

By Yoon Min-sik(minsikyoon@heraldcorp.com)