Why a Man in His 60s Who Claimed "Forced Confinement at Hyeongjebokjiwon" Lost Damages Suit Against the State...

"Claimed He Was Taken While Wandering in Busan in 1975"

Court: "Insufficient Specific Evidence That Plaintiff Was Confined"

A man in his 60s, who claimed to be a victim of the so-called "Hyeongjebokjiwon case," in which vagrants were forcibly confined in the past, has lost a damages lawsuit against the state.

According to Yonhap News Agency on March 7, the Incheon District Court recently dismissed a 100 million won damages claim filed by Mr. A, who sued the state.

Hyeongjebokjiwon. Yonhap News Agency

Mr. A claimed that in 1975, while wandering in Busan, he was taken by a vagrant control squad and forcibly confined at Hyeongjebokjiwon. That same year, the then Ministry of Home Affairs issued business guidelines to local governments and police regarding the control and confinement of vagrants, instructing that vagrants with unclear family ties should be admitted to facilities.

Hyeongjebokjiwon, the largest vagrant facility in the country at the time, received government subsidies and operated its own control squad, working with police and Busan city officials to round up vagrants. Mr. A filed for damages against the state, claiming that for two years until April 1977, he suffered severe beatings and was forced into labor, thus having his basic rights violated.

The court acknowledged the state's unlawful exercise of public authority and the harsh treatment at Hyeongjebokjiwon at the time, but ruled that there was insufficient concrete evidence to prove the plaintiff was actually confined at the facility.

The child card for the facility submitted by Mr. A showed a date of birth more than one year different from his official resident registration. The card also contained records stating that during the period Mr. A claimed to have been forcibly confined (1975–1976), he was "enrolled in the 6th grade of elementary school," as well as various association spokesperson tests and X-ray examination records. The Truth and Reconciliation Commission, which investigated the Hyeongjebokjiwon case, also submitted an opinion stating there were no records related to Mr. A in the facility's admission documents.

Mr. A also submitted an official letter from Busan City, indicating that he was transferred from Hyeongjebokjiwon to another facility in April 1977. However, the court found there was no other evidence to confirm that the individual mentioned in the letter was in fact Mr. A. The court stated, "The plaintiff has not been recognized as a subject of truth-finding by the Truth and Reconciliation Commission," and added, "The plaintiff's claim is groundless and is therefore dismissed." Mr. A has appealed the ruling.

This content was produced with the assistance of AI translation services.