The Hankyoreh Article:
”First Confirmed State Compensation for Brother’s Home Victim Without Truth Commission Decision”.

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Posted to Paperslip on August 29th, 2025.
Thank you to a Paperslip Contributor for the link.
Translation via ChatGPT.
Bolds and red highlighting ours.
Please see original Korean article linked above for photos.

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A Note For Korean Adoptees:

Please don’t get your hopes up regarding filing legal proceedings if you did not receive a TRC judgment, as according to a prominent Korean lawyer we consulted, only in extreme cases (e.g. state violence — which this Brother’s Home victim’s case qualifies as), courts may extend the statute of limitations even without a law or TRC decision. The same would not likely be true for a Korean Adoptee, who would need a TRC judgment in order to file a State Compensation Claim.

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First Confirmed State Compensation for Brother’s Home Victim Without Truth Commission Decision

By Jang Hyun-eun
Updated: August 27, 2025, 18:22 | Published: August 27, 2025, 18:12

A victim of the Brothers’ Home case bows in gratitude in front of the Seoul High Court's west wing on November 7 last year after the first appellate ruling on the state compensation lawsuit. The victim, Seol Soo-young (57), said, “Thank you to the people.”
Photo by Jang Hyun-eun, mix@hani.co.kr

“It was confirmed on the 27th that the Supreme Court had, for the first time, finalized the state’s liability for compensation in a damages lawsuit filed by a Brothers’ Home victim who had not submitted a request for investigation to the Truth and Reconciliation Commission (TRC). This decision came after the Ministry of Justice withdrew its appeal during the final review process. It marks the first confirmed ruling recognizing state liability for a victim who lacked a formal TRC decision.

On August 20, the Ministry of Justice submitted a withdrawal of appeal to the Supreme Court in the case filed by a victim, referred to as Mr. Kim, against the state for damages. As a result, the previous ruling ordering the government to pay 260 million won (approx. $195,000 USD) in compensation to Kim was upheld.

The government’s withdrawal follows its announcement on August 5 that it would withdraw all ongoing compensation appeals related to forced institutionalization cases at Brothers’ Home and Seongam Academy. Since the 20th, the Ministry has been submitting withdrawal papers for appeals and supreme court cases involving these incidents. Attorney Kim Gun-hwi (from Signature Law Firm) stated, “This is the first court ruling confirming state liability for a victim without a TRC decision,” and emphasized, “It’s meaningful because it confirms that the statute of limitations cannot simply be considered expired due to the lack of an official truth-finding decision.”

Mr. Kim was forcibly confined and subjected to abuse and forced labor at Brothers’ Home for about three years starting in November 1983, when he was just 18 years old. In 2023, he filed a lawsuit demanding 400 million won in damages.

The Brothers’ Home case traces back to its origins as a childcare facility in 1960. Until its closure as a psychiatric institution in 1992, people labeled as vagrants were forcibly institutionalized by police and other authorities in a facility operated by a private social welfare foundation. There, they endured forced labor, beatings, abuse, and in many cases, death or disappearance — constituting grave human rights violations.

In the first trial, Judge Joo Eun-young of the Busan District Court ruled in August last year that "the state must pay Kim 260 million won," finding in partial favor of the plaintiff. The judge stated, “Kim continues to suffer from both mental and physical aftereffects of his forced confinement and lives in a financially vulnerable situation,” adding, “This case involves serious human rights violations that occurred over an extended period with the active involvement, approval, support, or neglect of state authorities. The illegality is severe, and there is a significant need to deter and prevent such violations from recurring.”

Although the government appealed, the appellate court dismissed the appeal. The case was then taken to the Supreme Court in June last year, but with the Ministry of Justice withdrawing its appeal on the 20th, the appellate ruling has now been finalized.”

By Jang Hyun-eun, mix@hani.co.kr