'Family in NK entitled to compensation for defector's death'

By Lee Kyung-min

A court has ordered the former employer of a North Korean defector who died in an industrial accident to pay 110 million won ($101,640) in compensation to his family living in the North.

However, it is impossible for the defector’s family to receive the money because transferring money to anyone in North Korea is illegal. The money will be kept by the defector’s brother, who also defected to the South, and is representing his family in the North.

According to Ulsan District Court, Sunday, the employer, surnamed Park, should compensate for the death of the defector surnamed Kim, who worked as a diver at Park’s fishery firm from 2011 to 2013.

Kim died in March 2013 as a result of suffocation after using faulty equipment at Park’s company.

“Park’s company failed to maintain the equipment in accordance with safety guidelines,” the court said.

“Also, Park’s act of negligence extends to his failure to protect Kim in a timely manner, an obligation he failed to meet as an employer. Also, he failed to direct all other crew to save him as soon as possible.”

Kim’s elder brother filed a compensation suit representing their parents and Kim’s wife in North Korea.

Before filing the suit, he gained approval from the Family Court to represent their family. The Family Court granted him the right as a legitimate party to bring such a suit based on related laws protecting defectors from North Korea.

Kim’s elder brother cannot use the money freely for any personal purposes, according to the judge for the case at Ulsan District Court.

“He cannot withdraw the money without the court’s permission in advance,” he said.

“Court permission will cover the expenses of the suit. Only if the parents defect and come here, will the money be released to them,” he added.

Earlier, in a separate suit, Park, the employer, was convicted of involuntary manslaughter.