Statement by the Chairperson of the NHRCK on the Supreme Court’s Final Ruling on State Liability in the Brothers Home Case
— Prompt and effective remedies and compensation for victims must be ensured —
Chairperson Ahn Chang-Ho of the National Human Rights Commission of Korea (NHRCK) welcomes the Supreme Court’s final ruling on March 27, 2025, which confirmed the State’s liability for violations of the victims’ right to personal liberty and human dignity in the Brothers Home case. The judgment was rendered in a State liability lawsuit filed by 13 victims, and the NHRCK issues the following statement in response.
The Brothers Home case took place during the 1970s and 1980s under Ministry of Home Affairs Directive No. 410, which authorized the roundup and “rehabilitation” of persons labeled as vagrants. Under this policy, police and local government officials arbitrarily detained individuals such as orphans and unaccompanied persons with disabilities, and transferred them to Brothers Home, a privately run social welfare facility. It was later revealed that more than 500 people died at the facility due to gross human rights violations, including beatings, torture, sexual violence, and forced labor.
Although the facility’s director was prosecuted, the Supreme Court in 1989 convicted the director only of embezzlement. No official truth-finding or legal accountability was established for the serious human rights violations committed within the facility. These violations were carried out with the involvement, authorization, support, or acquiescence of public authorities, including the Busan municipal government. Nevertheless, it was only in recent years that the case came to be recognized as a grave human rights violation stemming from the unlawful exercise of public authority.
In 2012, a survivor’s one-person protest brought renewed public attention to the case. On December 6, 2017, the NHRCK officially determined that the abuses constituted human rights violations committed under the influence of State authority and recommended that the National Assembly enact special legislation to provide effective redress. In August 2022, the Truth and Reconciliation Commission also acknowledged the case as a serious human rights violation resulting from the unjust exercise of State power.
In May 2021, 13 victims filed a state liability claim. In January 2024, the court of first instance ordered the State to pay damages ranging from KRW 200 million to 400 million per plaintiff. The appellate court upheld the decision in November 2024. The State appealed the ruling, but the Supreme Court dismissed the appeal without further hearing, thereby finalizing the lower court’s decision on March 27, 2025. It is deeply regrettable that victims—who were unlawfully confined and subjected to inhumane treatment—were denied timely redress by the State and received compensation only after exhausting the judicial process.
The Constitution of the Republic of Korea guarantees the dignity and worth of every person and the right to pursue happiness (Article 10), and stipulates that no person shall be subjected to arrest, detention, or forced labor except in accordance with due process of law (Article 12). The Universal Declaration of Human Rights likewise guarantees the right to life, liberty, and security of person, and the right to an effective remedy for acts violating fundamental rights granted by the constitution or law.
The Brothers Home case is one of the most egregious instances of state-perpetrated human rights violations, in which core constitutional and international human rights—including the right to life, personal liberty, human dignity, and the pursuit of happiness—were severely infringed. The Supreme Court’s decision must serve as a turning point to ensure that victims of State violence can restore their dignity and rebuild their lives. In addition to compensation, the State must issue a formal apology and promptly take measures to restore the victims’ reputation and support their healing.
The NHRCK will closely monitor the government’s implementation of follow-up measures. We remain committed to ensuring that such State-led human rights violations never recur and to promoting and protecting the fundamental rights of all individuals—including the right to life, personal liberty, and human dignity. Once again, we welcome the Supreme Court’s decision recognizing the State’s responsibility in the Brothers Home case.
April 1, 2025
Ahn Chang-ho
Chairperson, National Human Rights Commission of Korea
