Chances slim for actual payment due to difficulties in collection

By Nam Hyun-woo

A family member of a sailor killed during the Second Yeonpyeong Battle cries before a facial sculpture of the sailor during a 20th anniversary ceremony of the battle in Pyeongtaek, Gyeonggi Province, June 29. Joint Press Corps

A district court ordered North Korea and its leader Kim Jong-un to pay a combined 160 million won ($112,000) in compensation to the family members of eight fallen sailors who lost their lives in a 2002 inter-Korean naval skirmish near Yeonpyeong Island in the West Sea.

The Seoul Central District Court on Wednesday ruled in favor of them, acknowledging the physical and psychological suffering claimed by the complainants due to the 2002 battle.

Though neither North Korea nor Kim responded to the lawsuit filed in October 2020, the court carried on its legal procedures after announcing the suit through a public notice.

"According to the Constitution and other domestic laws, North Korea is an enemy state, and defined as an unincorporated foundation in the Civil Procedure Act," the court said. "Domestic courts have the jurisdiction on this case."

The naval confrontation, better known as the Second Yeonpyeong Battle, took place on June 29, 2002, when two North Korean patrol boats intruded into the South's western waters off Yeonpyeong Island and attacked South Korean Chamsuri-class patrol boats. The battle resulted in six South Korean fatalities, 13 North Korean fatalities and dozens of wounded on both sides.

Despite the court ruling, chances are slim for the family members to receive actual payments, given the previous failed attempts to collect compensation from North Korea.

In July 2020, the same court ruled in favor of family members of two South Koreans who were detained in North Korea during the 1950-53 Korean War and ordered North Korea and leader Kim to compensate them.

Following the ruling, the court ordered garnishment on a fund managed by the Foundation of Inter-Korea Cooperation, which is in charge of sending royalties to the North paid by South Korean broadcasters and news outlets for using North Korea's publications.

The foundation, however, refused to pay the compensation, claiming royalties are not subject to garnishment, and the Seoul Eastern District Court acknowledged the foundation's claim in a series of following suits.

The foundation is headed by Lim Jong-seok, former chief of staff to the previous President Moon Jae-in.