형제복지원 일실수익·장례비 청구 기각한 법원 판결 재판소원 회부

The Constitutional Court has decided to send the family welfare center case back to the Supreme Court for review. Earlier, the bereaved family had sued the state for failing to compensate the victims of the "Familial Welfare Center Incident" if the victims had not died. The court ruled that the state is not responsible for compensating for the economic loss caused by the incident.

The Constitutional Court decided to send the case back to the Supreme Court for review on the 11th after hearing a panel of three judges. The bereaved family is seeking a reversal of the Supreme Court's decision that upheld the state's responsibility for compensation. The Familial Welfare Center Incident occurred between 1960 and 1992 when police and other individuals were forcibly placed in a welfare center, resulting in the deaths of over 650 people due to forced labor, violence, and mistreatment.

The victims' spouses and children are among those seeking compensation. The victims went missing in January 1984, and the bereaved family received a notification to conduct a search and recover the body within ten days. The body was found to have severe injuries, including stab wounds and bruises. They subsequently sued the state for compensation, which was granted in July of last year, with an amount of approximately 13 million won.

They also sought additional compensation for the loss of future earnings and funeral expenses. However, the appellate court denied the additional claims, stating that while the victims were estimated to have died while in the Familial Welfare Center, there was no evidence that their death was directly caused by the center's actions or inaction.

The bereaved family appealed to the Supreme Court, which overturned the decision on June 25th, stating that the ruling violated the principles of life and equality and the rights to a fair trial and compensation.