The Jeonnam Office of Education has billed the parents of a high school student who died during on-the-job training nearly 9 million won in litigation costs, stirring controversy. The parents of the student said, “We are devastated by the response of the office, which had said right after the accident that it would take full responsibility.”

According to reporting by the Kyunghyang Shinmun on the 6th, on March 24 the Jeonnam Office of Education filed with the court an application for 'determination of litigation costs' to bill the parents of the late Hong Jeong-un, who died during on-the-job training.

Hong, then a 12th-grade student, died in October 2021 while performing a diving task at the instruction of the proprietor during on-the-job training at a yacht company in Yeosu, South Jeolla. He had no diving-related certification, and the relevant law prohibits assigning students under 18 to hazardous diving work.

In 2022, the parents of Hong filed a damages suit against the company representative, whose conviction had been finalized, and against the Jeonnam Office of Education for neglecting its duties to manage and supervise on-the-job training. In February, four years later, the court of first instance recognized liability for damages on the part of the company representative and others.

As for the Jeonnam Office of Education, the court acknowledged that a labor consultant did not attend the company eligibility review and that the standard agreement for on-the-job training and other requirements were not observed, but stated it was “insufficient to recognize a causal relationship with the fatal accident,” and dismissed the claim filed by the parents of Hong.

When the first-instance ruling became final because the parents did not appeal, the Jeonnam Office of Education moved to 'recover litigation costs'. It sought a total of 8.87 million won, including 4 million won in attorney fees, 4 million won in success fees, and 870,000 won in litigation-related costs.

The father of Hong said, “We only gave up an appeal because we were exhausted by the long lawsuit; that does not mean the office has no responsibility,” and added, “Last week, after receiving from the court a notice of the office claim for litigation costs, it felt as if the sky had collapsed.”

Under the office rules on handling litigation affairs, if a case is of public interest or if imposing litigation costs on the other party is deemed inappropriate, costs may be left unrecovered by resolution of the litigation review committee. However, the Jeonnam Office of Education did not even refer this case to the committee.

Attorney Kim Seong-jin said, “This lawsuit had a public-interest character aimed at clarifying the scope of the responsibility of the education office to protect students from hazardous on-the-job training,” and pointed out, “It is highly inappropriate that the office, which at the outset of the case said it ‘felt a deep sense of responsibility,’ has even billed the bereaved family for litigation costs.”

As criticism grew, the Jeonnam Office of Education issued a 'statement of position' that afternoon, belatedly stating, “We will convene the litigation review committee to seek practical ways to show consideration for the bereaved family.”

The Jeonnam Office of Education said, “The education office has a legal duty to recover litigation costs in cases it wins,” while adding, “In this case, we will reach a final decision after deeply considering that it involves the death of a student and the suffering of the bereaved family.”