Family of civilian victim of US shelling during Korean War wins compensation suit

By Lee Kyung-min

An appeals court ruled Monday that the Korean government is responsible for a civilian’s death caused by a shelling attack by the U.S. during the 1950-53 Korean War.

The Seoul High Court ruled in favor of the family of a victim surnamed Bang, ordering the government to pay 48.88 million won ($44,000) in compensation.

Bang was killed in an attack by the USS Haven of the U.S. Navy in Pohang, North Gyeongsang Province, in September 1950.

It is the first time that a local court has recognized the government’s liability for a wartime civilian casualty caused by bombing or shelling by the U.S.

Earlier, a district court ruled that no liability is incurred on the Korean government in Bang’s case because the U.S. caused his death.

However, the high court overturned the ruling based on evidence that the shelling resulted from wrong information provided by the Korean Army.

Bang’s family filed the suit after a report in 2010 by a state truth-finding commission, which concluded that the U.S. shelling resulted in his death, and the attack was based on directions from the Korean Army that North Korean soldiers were included among civilians.