Seoul Dongbu Detention Center COVID-19 Confirmed Inmates Likely to File Class Action Lawsuit Against Government... 6th Full Investigation Today

Seoul Eastern Detention Center, where a cluster infection of the novel coronavirus disease (COVID-19) occurred, will conduct the 6th full-scale testing of staff and inmates on the 5th. Tension is running high at the Eastern Detention Center on this day. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin] Inmates at Seoul Eastern Detention Center who tested positive for the novel coronavirus infection (COVID-19) are expected to file a lawsuit seeking damages against the state.

Families of inmates at the Eastern Detention Center are reportedly sharing information through a private online cafe and jointly exploring response measures such as litigation.

Since the claims for damages will be based on the same facts, and testimonies or evidence to prove the detention center’s negligence will be common, it is highly likely that the lawsuit will be filed in the form of a class action involving multiple plaintiffs.

According to the Ministry of Justice on the 5th, as of 7 a.m. that day, the total number of confirmed COVID-19 cases in correctional facilities nationwide was 1,121. Although the Ministry of Justice has not disclosed the exact count of confirmed cases originating from the Eastern Detention Center, including inmates transferred to other prisons, the cumulative number of confirmed inmates as of midnight the previous day was 1,047, nearly half of the total inmate population (2,419). It is also known that about 20 correctional officers and family or acquaintances of inmates have tested positive.

A sixth full-scale investigation is scheduled for 530 staff members and 338 inmates at the Eastern Detention Center on this day, so the number of confirmed cases is expected to increase further.

Article 2 of the State Compensation Act stipulates that the state or local governments must compensate for damages caused to others by public officials who violate laws intentionally or negligently in the course of their duties. However, the burden of proving the negligence of the state lies with the victim.

Legal experts predict that based on the circumstances revealed so far, inmates, their families, or bereaved families affected by this mass infection incident could receive a certain amount of damages if they file a claim for state compensation under the State Compensation Act or file a civil lawsuit against public officials with intentional or gross negligence.

Although the Ministry of Justice has issued various explanations, legal experts diagnose that the failure in initial response?such as not promptly conducting a full-scale investigation when the first confirmed case appeared, failing to separate confirmed and suspected cases in a timely manner, and not properly distributing masks due to cost issues?will likely be recognized as the state’s negligence in future trials.

Park Jin-sik, a lawyer at the law firm Between who has experience winning class action lawsuits such as the online game ‘Lineage’ personal information leak case, pointed out, “When the first confirmed case appeared among correctional officers and the infection spread among them, they should have quickly separated inmates who had contact with them and continued testing, but they failed to do so, which worsened the situation. Especially Minister Choo Mi-ae focused on disciplining Prosecutor General Yoon Seok-yeol and neglected other matters, which is a responsibility.”

He added, “Since the Ministry of Justice is dismissing various claims from inmates and medical personnel as false, filing a lawsuit directly to hold the state accountable is the only solution. Compensation liability should be pursued through a multi-party lawsuit (commonly called a ‘class action’).”

Shin Hyun-ho, lead attorney at Haewool Law Office who has experience handling lawsuits related to deaths and injuries in prisons, said, “The most important factor in calculating damages for injuries caused by infectious diseases is the ‘loss of earning capacity.’ If the patient recovers fully, the damages are likely to be limited to consolation money.”

He continued, “To proceed with a class action, plaintiffs need to be gathered, which may not be easy due to the nature of inmates, but it is possible for families to respond jointly or for lawyers to recruit plaintiffs online.”

This content was produced with the assistance of AI translation services.