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Court upholds ruling for foreigner in human rights violation suit against gov't

Published: 30 Apr. 2025, 19:11

Surveillance footage from 2021 showing a Moroccan national at a foreigner detention center in Hwaseong, Gyeonggi, in the ″shrimp-tying″ position [YONHAP]

A Korean appeals court has upheld a lower court ruling that partially recognized state liability for human rights violations against a Moroccan national at a foreigner detention center, including the use of a controversial restraint method.

The Seoul High Court ruled in favor of the plaintiff on Wednesday in the second trial of a damages suit filed by the Moroccan man in his 30s against the Korean government. The court awarded an additional 1 million won ($700), raising the total compensation to 11 million won from the 10 million won granted in the initial ruling.

The appellate court explained that the additional 1 million won was “in recognition of damages related to personal data protection.”

The plaintiff claimed he suffered both physical and psychological harm after being forced into the so-called shrimp-tying position — where the arms and legs are bound behind the back — multiple times while detained at the Hwaseong Foreigner Detention Center in Gyeonggi in 2021. In December 2022, he filed a lawsuit seeking 40 million won in damages.

The detention center had restrained him using handcuffs, a helmet and rope restraints under the justification of “special custody.” The shrimp-tying posture was reportedly used on at least three occasions.

Center officials claimed the use of protective gear was necessary, stating that the plaintiff repeatedly damaged property and assaulted staff. They argued the measures were taken in response to his aggressive behavior.

After the plaintiff raised objections, the Ministry of Justice released surveillance footage and explanatory materials to the media and posted them on its website. The plaintiff alleged that the Justice Ministry selectively edited the footage and distributed it without his consent, thereby violating the Personal Information Protection Act and defaming him.

In the first ruling issued in May last year, the court found the state partially liable for excessive conduct and ordered it to pay the plaintiff 10 million won plus interest. However, the plaintiff appealed, arguing the ruling failed to recognize privacy law and defamation violations and the unlawfulness of his solitary confinement under “special custody” measures.

The appeals court did not overturn the core of the initial judgment but added recognition of the personal data issue, slightly increasing the damages awarded.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY JANG GU-SEUL [[email protected]]