Pohang Induced Earthquake Damage Compensation Lawsuit Dismissed in Appeals Court

Citizens of Pohang who suffered damage from an earthquake received a dismissal ruling in the appeals court concerning their lawsuit against the government for compensation.

This overturns the first-instance ruling that ordered the government to pay 2 to 3 million won per person, leading to heightened backlash from the citizens of Pohang.

On the 13th, the 1st Civil Division of the Daegu High Court (Chief Judge Jeong Yong-dal) overturned the first-instance decision stating "the government should pay 2 to 3 million won per person" in the damages claim lawsuit filed by 111 Pohang citizens against the state. The court stated, "While negligence is acknowledged in the inappropriate project planning and selection of the performing agency, the causal relationship with the triggering of the earthquake cannot be recognized," explaining the reason for dismissal.

The lawsuit began following the results of an investigation by a government joint investigation team that reported the magnitude 5.4 earthquake occurred in Buk-gu, Pohang, on November 15, 2017, as a triggered earthquake due to the government’s geothermal power plant project.

Pohang citizens filed a damages claim lawsuit, stating they suffered mental distress from the induced earthquake. In November 2023, the Pohang branch of the Daegu District Court ruled in favor of the plaintiffs, stating that the government should pay each citizen 2 to 3 million won.

Court: "Unable to Identify the Existence of Active Faults"

However, the appeals court made a different judgment.

The court concluded that relevant agencies selected the research site after sufficient investigation and consultation, and it appeared they could not identify the existence of active faults that could trigger an earthquake during the site selection process, leading to the determination that negligence was not established.

Although the Board of Audit and Inspection and the Truth Investigation Committee stated, "Some inadequacies in the operations of relevant agencies were found," the court clarified, "Post-investigation on the progress of the project pointing out all inadequacies differs from the requirements for civil damages claims."

In response to this appeals court ruling, the Pohang 11.15 Triggered Earthquake Citizens' Countermeasure Committee issued a statement condemning the ruling by the appeals court for ignoring the suffering of Pohang citizens.

The committee argued, "The ruling completely overturned the first-instance decision regarding the mental damage compensation lawsuit filed by the Pohang earthquake victims, denying the compensation responsibility of the state and responsible parties. This is an outright disregard for the suffering and accountability of the citizens."

Pohang Mayor Lee Gang-deok criticized the appeals court ruling as "an unjust judgment" and stated that they are considering whether to appeal to the Supreme Court.

Image source: On August 11, 2020, citizens of Pohang and the Pohang 11.15 Triggered Earthquake Citizens' Countermeasure Committee urged compensation for earthquake damage during a press conference held in front of the Blue House in Jongno-gu, Seoul, calling for the amendment of the Pohang Earthquake Special Law enforcement ordinance. Mayor Lee Gang-deok and citizens appealed to President Moon Jae-in to "compensate 100% of the total damage from the Pohang earthquake, not just 70%." 2020.8.11/ News1. On November 16, 2023, the Executive Committee of the Pohang Earthquake Citizens' Countermeasure Headquarters held a press conference in front of the Pohang branch of the Daegu District Court after winning a lawsuit for mental distress compensation against the government concerning the damages from the earthquakes that occurred on November 15, 2017, and February 2018. The court ruled, "The Pohang earthquake was confirmed to have occurred as an induced earthquake according to the government joint investigation team’s findings, and the causal relationship between the earthquake and the damage was verified," decreeing that the government should pay 2 to 3 million won per person. 2023.11.16/ News1. On the 13th, Mayor Lee Gang-deok of Pohang announced his stance regarding the dismissal of the appeals court case on mental damage compensation for the Pohang earthquake in a briefing room at the city hall. The mayor stated, "This ruling overturns the findings of the government joint investigation team that it was a triggered earthquake, and I will carefully review the judgment document to determine whether to appeal.” 2025.5.13/ News1.