Appeals court rejects COVID-19 damages suit by Seoul detention center inmates, families

Inmates and their families who sued the South Korean government over a COVID-19 outbreak at Seoul Eastern Detention Center in 2020 have also lost on appeal.
 
According to Yonhap News Agency on Friday, the Seoul Central District Court’s Civil Appeals Division 5-1 recently ruled against 33 inmates and family members who sought damages from the state and Choo Mi-ae, the justice minister at the time who oversaw correctional facilities, upholding the lower court’s decision.

The panel said it did not see a link between a first wave of infections centered on staff that began Nov. 17, 2020, and a second wave centered on inmates that continued after Dec. 7 that year. The court said it was difficult to conclude the inmate cluster stemmed from the earlier staff outbreak.

“The similarity between the viruses in the first and second outbreaks is low, and testing conducted during the first outbreak showed a low positivity rate among inmates,” the court said, adding that it was reasonable to view the routes of introduction as different.

The court also rejected the plaintiffs’ claim that infections spread because close contacts were not separated by transmission route. It said the detention center distinguished close contacts using a clear standard of confirmed versus unconfirmed cases, and that identifying each confirmed patient’s route of infection would have been very difficult given time and space constraints.