Casualties

Casualties Overview

The Monitor identified two new mine/explosive remnants of war (ERW) casualties in the Republic of Korea (South Korea) in 2015. In August, two South Korean soldiers on patrol on the South Korean side of the demilitarized zone (DMZ) at Yeonchon, in Gyeonggi Province, were injured by antipersonnel mines that were alleged to have been newly laid by the North Korean military.[1]

In 2014, the Monitor identified eight new mine/ERW casualties in South Korea. On 6 October 2014, two civilian forestry workers from Daejong were killed and six of their colleagues were injured in a mine incident. The incident took place near a military area but outside the marked mined area.[2] A report released in late 2015 indicated one civilian was killed in Gyeonggi-do and one soldier injured in Gangwon-do in 2013.[3] In 2012, one civilian antipersonnel mine casualty was identified in the province of Gyeonggi,[4] as well as two military casualties on a military base on Baekryeong Island.[5]

In the first half of 2016, there were three new mine casualties in South Korea. Two Korean civilians and farm worker from Kazakhstan were injured by mines near the DMZ.[6]

The total number of mine/ERW casualties is unknown, but the Korea Research Institute for Mine Clearance stated in March 2009 that there were at least 500 civilian survivors.[7] In 2009, the media reported that there were at least 1,000 civilian casualties; the Korean Campaign to Ban Landmines (KCBL) estimated there were 2,000 to 3,000 military casualties.[8] The Monitor identified 86 mine casualties between 1999 and 2015 (11 killed, 75 injured). At least 25 of these casualties were military personnel, including one American soldier injured in 2001. Figures are likely incomplete as there is no comprehensive official data on mine casualties in South Korea.[9]

Victim Assistance

There have been at least 128 survivors identified in South Korea, though reasonable estimates indicate that the number is between 1,000 and 2,000, with both civilian and military survivors.[10]

No efforts were identified to assess the needs of mine/ERW victims in 2015. Following the mine victim survey conducted in 2011 by the Korean Peace Sharing Association (PSA) in Gangwon province, there were plans to conduct a similar survey inGyeonggi province, also bordering the DMZ, in 2013. However, these plans were stalled due to the unwillingness of provincial authorities to participate until the National Assembly passed a compensation law for mine victims.[11]

An English language report on the results from the 2011 survey was published in 2015. The survey conducted interviews related to a total of 228 landmine casualties (including 117 survivors along with information about 111 people killed) from the 1950s until 2011. The vast majority of casualties identified in this survey were male (83%). The survey highlighted the need for economic inclusion and livelihood support to mine survivors and their families.[12]

Using the results of the 2011 mine victim survey, the PSA/KCBL provided basic assistance to 64 identified mine victims in Gangwon-do province with funding from CitiBank.[13] In 2013 and 2014, PSA/KCBL continued to provide assistance to affected communities of the most impacted areas.[14] In addition, in 2013 and 2014, the organization focused on advocacy and awareness-raising on the issue of antipersonnel mines, as well as the difficulties faced by survivors.[15]

The 2011 mine victim survey also informed a program to provide medical assistance to civilian victims in Gangwon province, implemented by local authorities and the Korean Red Cross with funding from the Samsung Cooperate Citizenship Program. From January 2012 to March 2014, medical assistance, including rehabilitative surgery, prosthetics, and healthcare, was provided to 75 landmine and ERW survivors. Thirty-three survivors were provided with powered-assistive devices, including scooters and wheelchairs.[16]

Victim assistance coordination

South Korea has no victim assistance coordination mechanism; the Ministry of Health, Welfare and Family Affairs (MIHWAF) is the lead ministry responsible for persons with disabilities.[17]

KCBL/PSA focused its efforts on the formation of the Compensation Committee that will determine eligibility for compensation under the Special Act on Compensation for Civilian Landmine Victims (2014). According to plans, the committee will be institutionally housed at the Ministry for National Defense, although it will be chaired by a civilian, and civil society members may be permitted.[18]

The committee will determine if applicants are eligible for compensation and what amount of compensation would be received. The inclusion of language in the legislation relating to the need to “determine if the injured person was also partly responsible for his/her injuries, and, if so, determine how much he or she contributed to their own incident.”[19] This is likely to be inconsistent with the non-discrimination principles of victim assistance.

While South Korea has a national healthcare system, mine victims were frequently not eligible for assistance due to the fact that their disability was considered conflict-related and/or self-inflicted.[20] Victims were deemed ineligible for assistance if they had signed a written memo assuming all responsibility for death or injury when they entered or lived in the Civilian Control Zone near the DMZ. Thirty of the casualties identified in the 2011 survey of mine victims in Gangwon province had signed a memo prior to their injury.[21]

Soldiers injured on duty, including those injured by mines, receive free medical services and a monthly pension that depends on the degree of disability—estimated, for example, to be about US$1,000 for a partial limb amputation.[22] Prior to the passage of the Special Support Law for Civilian Landmine Victims, civilian mine survivors could apply for government compensation through the Ministry of National Defense Special Compensation Commission, but few claims were successful.[23] Through to the end of 2013, the government operated rehabilitation hospitals in six regions, plus a national rehabilitation research center to increase opportunities and access for persons with disabilities.[24] The national health system covered up to 80% of the costs for domestic prosthetics, however the PSA needs assessment notes that even 20% of the cost of a prosthetic was out of reach for many survivors who were living in poverty.[25]

The PSA needs assessment found that 88% of victims identified in Gangwon province (survivors and the family members of people killed by mines) did not seek compensation following the mine incident, in most cases because they were not aware that a state compensation program existed. Others did not seek compensation, either because they lacked money for legal assistance or because they feared reporting their incident to the government.[26]

In July 2014, the bill for the Special Support Law for Civilian Landmine Victims was reviewed by the plenary assembly of the parliament. The bill was passed by the National Assembly on 30 September 2014 and the law came into effect on 30 March 2015.[27]

The Special Support Law for Civilian Landmine Victims provides for compensation to landmine survivors and the families of the deceased and support for medical expenses. The bill also authorizes the government to provide funds to non-profit associations or organizations working to improve the livelihoods or well-being of landmine survivors or families of those people killed. It also covers research, public relations, and risk education.[28]

South Korean legislation prohibits discrimination against persons with disabilities in employment, education, air travel and other transportation, access to healthcare, or the provision of other state services. In 2015, the government effectively enforced the law, although many local government ordinances and regulations still directly discriminate against persons with disabilities.[29] In 2009, an act was adopted with the aim of preventing discrimination against persons with disabilities and providing remedies for those suffering from such discrimination.[30] Legislation, passed in 2014 and to be implemented in 2016, increased support for persons with disabilities and their families, and created a task-force of prosecutors and police specially trained to work with persons with disabilities.[31]

South Korea ratified the Convention on Rights of Persons with Disabilities (CRPD) on 11 December 2008.