On April 16, 2014, the Sewol ferry sank and capsized. The Constitutional Court has made a decision to dismiss the petition for constitutional adjudication filed by the Sewol ferry victims’ families to confirm the government’s errors in the rescue process. However, some justices expressed the opinion that “the government failed to fulfill its obligation to protect the right to life of the victims, thereby infringing on the happiness pursuit rights of the families.”
The Constitutional Court announced on April 30 that the petition for unconstitutional confirmation of swift rescue measures for the Sewol ferry accident, with a vote of 5 in favor and 4 against.
The families of the Sewol ferry victims filed a constitutional petition stating that their basic rights were violated due to the failure to take prompt and effective rescue measures during the Sewol ferry sinking from the time it began til it completely sank. They argued that the state failed to fulfill its obligation to protect the lives and safety of the people, resulting in a violation of their constitutional rights.
The Constitutional Court, after about 10 years, stated that the state has a comprehensive duty to protect the lives of citizens from large-scale disasters like the Sewol ferry accident, but due to specific legal interpretations and previous judicial decisions determining the illegality and responsibilities, exceptional adjudication for constitutional clarification was deemed unnecessary.
There were dissenting opinions from Justices Kim Ki-young, Moon Hyeong-bae, Lee Mi-sun, and Jung Jeong-mi, who believed that the need for adjudication for the benefit of clarification was present. They highlighted issues such as the failure to protect the victims adequately during a disaster like the Sewol ferry accident, emphasizing the infringement on the pursuit of happiness rights of the involved families. They argued for recognizing the adjudication benefit, considering the lack of established constitutional decisions related to the state’s duty to protect citizens’ right to life during large-scale disasters, and the uniqueness of the petition given the nature of the Sewol ferry case and the governmental response.
Furthermore, they pointed out failures in information management, lack of active communication between rescue authorities, and insufficient presidential leadership during the initial stages of the disaster, leading to ineffective protective measures for citizens’ lives.