Sewol Ferry Civilian Divers' Compensation Criteria Raised... Compensation Calculated Based on Average Income of Previous 3 Years

Partial Amendment to the Enforcement Decree of the Special Act on Relief and Support for the Victims of the 4·16 Sewol Ferry Disaster Passed at the Cabinet Meeting

[Sejong=Asia Economy Reporter Joo Sang-don] Practical compensation standards have been established for civilian divers who died or were injured during the rescue and search operations of the Sewol ferry disaster.

The Ministry of Oceans and Fisheries announced that the partial amendment to the Enforcement Decree of the "Special Act on Relief and Support for Victims of the 4·16 Sewol Ferry Disaster" passed the Cabinet meeting on the 1st. This will be implemented along with the "Sewol Victim Support Act" on the 10th.

Until now, compensation for divers who died or were injured during the Sewol ferry disaster rescue and search operations was provided under the "Act on Search and Rescue on Water." The Water Rescue Act applies the standards of the "Act on the Treatment and Support of Persons of Distinguished Merit," which are determined by the Minister of Health and Welfare considering national household consumption expenditure. Because of this, the compensation amount did not reflect the average income level of the divers, leading to criticism that sufficient compensation was not provided. Additionally, the strict causal relationship required between the rescue/search activities and the diver's injury for compensation determination was criticized for narrowing the scope of compensation.

In response, the Ministry of Oceans and Fisheries amended the "Sewol Victim Support Act" in June this year to include civilian divers who died or were injured in relation to the Sewol ferry disaster as eligible for compensation under the law, establishing a legal basis for reasonable and practical compensation considering loss of earning capacity and income reduction during treatment periods.

Accordingly, the recently passed enforcement decree sets the average income amount over the three years prior to the diver's rescue and recovery activities as the basis for calculating compensation. It also relaxes the strict causal relationship between rescue/search activities and injury to a relevance standard, allowing both the amount and scope of compensation to be expanded. However, to prevent double compensation, the amount already received under the Water Rescue Act will be deducted when calculating the compensation.

Applications for compensation payments can be submitted to the "Sewol Disaster Compensation Deliberation Committee" within six months from the enforcement of the amended Sewol Victim Support Act on the 10th. Besides the bereaved families of deceased divers or the injured divers themselves, representatives may also submit applications. The committee will decide on the eligibility and compensation amount within 120 days from the application receipt date.

Cho Seung-woo, head of the Ministry of Oceans and Fisheries' Sewol Follow-up Measures Promotion Team, stated, "We will ensure thoroughness in the compensation process so that there is no negligence in compensating the divers who devoted themselves to rescue and search operations during the Sewol ferry disaster and suffered damages."

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