Court dismisses claim Korea neglected duty to rescue Sewol Ferry victims

The Constitutional Court of Korea has dismissed a constitutional petition by the bereaved families of April 2014 Sewol ferry disaster that the South Korean government had neglected its duty to rescue passengers from the capsized vessel.

A 5-4 court ruling on Thursday dismissed the claim of state negligence filed in December 2014 and January 2015 for not meeting the relevant legal requirements, ending 10 years of legal actions by the victims' bereaved families.

The petition stated that South Korea had violated the fundamental rights of citizens to have their lives protected by the state, by failing to take prompt, effective and appropriate rescue measures until the capsized ferry had completely sunk.

The court's majority opinion stated that since the rescue operation was already over before the date the constitutional petition was filed on Dec. 31, 2014, it deemed the bereaved families' petition illegitimate.

However, the court's minority four judges also wrote a dissenting opinion stating, "Even if the violation has already been completed, considering that this is the only way to constitutionally establish state responsibility, the benefit of requesting an exceptional decision must be recognized."

The Sewol ferry sinking left 304 either dead or missing in the sea off the southeastern coast of the Korean Peninsula.

Failures in the state's disaster management sparked massive public criticism, which ultimately led to then-President Park Geun-hye’s impeachment in 2017.