Tense Attention on State Compensation for Itaewon Disaster... Inquiries Continue in Seocho-dong

Police's Inadequate On-Site Response Key
Ministry of the Interior and Safety, Seoul City, and Yongsan District Office Also Responsible Under Disaster Safety Act

On the 4th, during the national mourning period following the Itaewon tragedy, citizens continue to visit the memorial space set up around Itaewon Station in Yongsan-gu, Seoul. Photo by Jinhyung Kang aymsdream@

[Asia Economy Reporter Jang Sehee] As the police form a special investigation headquarters to accelerate the investigation into the Itaewon tragedy, attention is also focused on whether the state will acknowledge liability for compensation.

According to the legal community on the 10th, if it is clearly revealed that the police, fire department, and local governments responded inadequately, opinions mainly suggest that state compensation liability could be recognized. State compensation is a system where the state compensates victims for damages caused by unlawful acts committed by public officials.

In the case of the Itaewon tragedy, the State Compensation Act and the Police Duties Execution Act are expected to serve as the legal basis. According to Article 2 (Liability for Compensation) of the State Compensation Act, if a public official violates laws or regulations intentionally or negligently while performing their duties and causes damage to others, they are liable for compensation. Article 5 (Prevention of Danger) of the Police Duties Execution Act also stipulates that appropriate measures must be taken in situations of extreme congestion or other dangerous circumstances.

Attorney Kim Younghee, who has handled social disaster cases such as the Umyeonsan landslide, said, "Although 112 emergency calls started coming in from 6 p.m. on the day of the accident, proper measures were not taken on-site afterward," adding, "If police negligence is revealed, there is a high possibility that state compensation liability will be recognized." She further stated, "According to Articles 66-11 and 4 of the Disaster and Safety Act, the Ministry of the Interior and Safety, Seoul City, and Yongsan District Office are also likely to be held responsible," and added, "Regardless of whether there is an organizer, if it is judged dangerous when more than 1,000 people gather, a response must be made."

Ultimately, the key is to determine the exact responsibility of the police, fire department, and local governments. Even if individuals shouting "push" at the scene influenced the incident, the responsible parties can be held accountable separately for inadequate responses.

There have been past cases where liability for damages was imposed due to negligence. In the 2012 case of Oh Wonchun, who dragged a woman into a house and murdered her, the state was ordered to compensate due to insufficient police response. At that time, the Supreme Court ruled in a damages claim lawsuit that the state was responsible for failing to prevent the crime and ordered compensation of about 90 million won to the bereaved family. In the 2011 Umyeonsan disaster, the court recognized the responsibility of the local government. Seocho District was ordered to pay about 470 million won for failing to issue a timely landslide warning.

Meanwhile, inquiries from families of victims and the injured of the Itaewon Halloween tragedy have been continuing at law offices in the Seoul area recently. A lawyer in Seocho-dong said, "Recently, we have been receiving inquiries from people severely injured at the Itaewon tragedy site who are receiving hospital treatment," adding, "There are also frequent inquiries from families of the victims regarding hospital bills, outpatient treatment costs, and more."

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