Government Fined for Human Rights Violation in Immigration Detention Case (Image created by ChatGPT)
SEOUL, May 1 (Korea Bizwire) — A South Korean appellate court has ordered the government to pay 11 million won (approximately $7,600) in damages to a Moroccan national who was subjected to abusive treatment, including the controversial “shrimp posture” restraint, while held at an immigration detention center.
The Seoul Central District Court’s Civil Division 9-1 upheld the lower court’s earlier ruling that found the Hwaseong Immigration Detention Center in Gyeonggi Province had unlawfully used physical restraints without proper legal grounds. In its decision, issued Tuesday, the appellate panel increased the compensation amount by 1 million won, citing an additional violation of South Korea’s Personal Information Protection Act.
The plaintiff, identified only as Mr. A, had been detained in 2021 after receiving a deportation order while residing in South Korea as an asylum seeker. He later alleged that after a dispute over his request for medical treatment, facility staff bound his hands and feet behind his back and forced him to remain face down in solitary confinement — a practice widely condemned by human rights advocates.
The case drew public attention when the Ministry of Justice released closed-circuit footage of Mr. A’s confinement as part of a press statement, a move the court has now ruled was illegal and in breach of privacy laws.
The National Human Rights Commission of Korea previously recommended disciplinary action against the facility’s leadership and called for systemic reforms. Although the Justice Ministry initially defended its actions as necessary for Mr. A’s safety, it later acknowledged that rights violations had occurred and pledged policy changes.
“This appears to be the first court ruling to recognize a government press release as a breach of the Personal Information Protection Act, making it particularly significant,” said Lee Han-jae, a public interest attorney with Duru, the legal advocacy group representing Mr. A.
Lee added that while the court recognized new grounds for compensation, it rejected the argument that the solitary confinement — termed “special security custody” — had been used as a punitive measure in violation of due process. The legal team is currently reviewing whether to appeal the decision to the Supreme Court.
This case has added fuel to ongoing calls for stronger oversight and reform of South Korea’s immigration detention practices as international scrutiny of detainee treatment continues to grow.
M. H. Lee (mhlee@koreabizwire.com)
