"10 Million Won Per Person" vs "What Criminal?" Controversy Over Detention Center COVID-19 Cases and State Compensation Lawsuit

Four Inmates File Compensation Lawsuit Against Ministry of Justice...Claiming 10 Million Won Each
Human Rights Commission: "Must Be Protected Without Discrimination Under Any Conditions"
Experts: "Prisoners Are Also Citizens, and the State Has Responsibility"

On the afternoon of the 29th of last month, an inmate at Dongbu Detention Center in Songpa-gu, Seoul, wrote down complaints about overcrowding of confirmed cases and the ban on sending letters, and showed them to the press. Photo by Yonhap News

[Asia Economy Reporter Kim Suwan] Inmates at Seoul Dongbu Detention Center have filed a lawsuit against the state due to confirmed cases of COVID-19 infections. This is the first time inmates have initiated legal action citing infectious disease confirmations as the reason.

However, some hold critical views. There are concerns that if the state admits to a failure in quarantine measures, compensation must be paid, meaning taxpayers' money would go to those incarcerated for violating the law. On the other hand, there are opinions that since the state has responsibility for inmates, compensation should be provided. Experts point out that inmates are also citizens, and the state has a duty toward them.

According to the legal community, on the 6th, four inmates of Dongbu Detention Center submitted a damage compensation lawsuit to the Seoul Central District Court through their legal representatives, claiming a total of 40 million won, 10 million won per person, against the state. They cited as main reasons for the lawsuit △failure to provide masks to inmates △inadequate isolation measures for confirmed and general inmates △neglect of overcrowding within the detention center.

COVID-19 infections among Dongbu Detention Center inmates were confirmed on November 27 of last year. Despite anticipating a high risk of infection spread due to overcrowding, correctional authorities reportedly only conducted mass testing. The authorities conducted diagnostic tests only on 292 individuals who had contact with the initial confirmed case.

The first full-scale test was conducted on December 18, and by the 6th (the day before), 1,118 people had tested positive through six rounds of mass testing. Furthermore, meetings with quarantine authorities and local governments were held only after hundreds had been confirmed positive. Ultimately, inadequate initial response led to a large-scale infection affecting over 1,000 people.

Inmates at Dongbu Detention Center wrote messages such as "Please save us," "Eight confirmed cases housed per room," and "No sending letters outside" on paper and communicated these to the outside through windows.

The correctional authorities also admitted that complacent initial responses during the COVID-19 outbreak at Dongbu Detention Center exacerbated the situation.

Kim Jaesul, Director of the Medical Division at the Ministry of Justice, acknowledged during the regular briefing of the Central Disaster and Safety Countermeasures Headquarters (CDSCH) that morning, "It is correct to isolate close contacts in single rooms, but due to the overcrowded state of the detention center at the time, cohabitation of close contacts was unavoidable," adding, "According to test analysis results, more than 50% of close contact groups tested positive, so it is believed that infections continued due to unavoidable close contact," admitting the failure to properly separate contacts in the early stages of the outbreak.

Subsequently, correctional authorities transferred inmates five times to reduce the occupancy density at Dongbu Detention Center. As a result, the inmate population, which was 2,292, decreased to 1,320 as of 9 p.m. on the 5th, lowering the occupancy rate to 63.7%. Mass testing of all correctional facilities nationwide is also underway. In particular, 15 dedicated hospitals?five each in Seoul, Gyeongbuk, and Gangwon?have been designated and operated for treating confirmed cases.

The Ministry of Justice announced countermeasures, stating that they will provide inmates with KF94 masks daily and conduct weekly rapid antigen tests for correctional facility staff. Photo by Yonhap News

The CDSCH and the Ministry of Justice announced quarantine measures related to correctional facilities that day. Accordingly, one mask per day will be provided to inmates, and staff will undergo rapid antigen testing once a week. Additionally, on-site inspections will be strengthened to prevent further mass infections.

Meanwhile, some criticize the inmates' lawsuit, arguing that it is inappropriate for those incarcerated due to causing social disturbances to file lawsuits. They claim that although the correctional authorities' initial response was inadequate, efforts are currently underway to resolve the issues.

Office worker Kim (28) said, "I think it is absurd for people who committed crimes and caused harm to others to file such lawsuits without remorse. The Ministry of Justice and quarantine authorities have already put forward measures," adding, "Even if it is a detention center rather than a prison, they did not enter for good reasons. I believe they should withdraw the lawsuit now."

On the other hand, there are opinions that although they are in detention for criminal charges, the government has an obligation to manage them to prevent infectious diseases and therefore must take responsibility.

One netizen stated, "Detention centers also house innocent people whose guilt has not been confirmed. Even if they committed crimes, the state has an obligation to protect them," and argued, "If inmates suffered damages due to the state's inadequate measures, compensation must be provided."

The National Human Rights Commission also stated that regarding the COVID-19 situation in correctional facilities, active measures beyond conventional ideas are necessary to resolve problems in this major disaster situation.

On the 6th, the National Human Rights Commission Chairperson Choi Young-ae issued a statement saying, "Although the Ministry of Justice is making efforts such as preparing emergency measures, complaints from families of correctional facility inmates are being received by our commission," and emphasized, "Regardless of conditions, a person's life and health must be protected without discrimination."

Some also point out that rapid responses by correctional and quarantine authorities are necessary to curb the spread of COVID-19 in correctional facilities, as inmates constitute the majority of recent confirmed cases.

Experts emphasize the need to strengthen quarantine measures for inmates and respond swiftly to prevent spread originating from detention centers.

Professor Kim Wooju of the Department of Infectious Diseases at Korea University Guro Hospital said, "Inmates at (Dongbu) Detention Center, where confirmed cases continue to emerge, are in a desperate situation, not knowing when they might contract COVID-19," pointing out, "They are in a very vulnerable state." He added, "Inmates are also citizens with restricted human rights, so more meticulous management is necessary," emphasizing, "Whether they committed crimes or not, as citizens, the state has a duty to protect them. Before greater harm occurs, all efforts must be focused on quarantine, medical support, and other assistance."

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