Casualties

Casualties Overview

In 2013, the Monitor did not identify any new mine/explosive remnants of war (ERW) casualties in the Republic of Korea (South Korea). In 2012, one civilian antipersonnel mine casualty was identified in the province of Gyeonggi,[1] as well as two military casualties on a military base on Baekryeong Island.[2]

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.[3] 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.[4] The Monitor identified 72 mine casualties between 1999 and 2013 (eight killed, 64 injured). At least 22 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.[5]

Victim Assistance

There have been at least 112 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.[6]

No efforts were identified to assess the needs of mine/ERW victims in 2013. Following the mine victim survey conducted in 2011 by the Korean Peace Sharing Association (PSA) in Gangwon and Gyeonggi provinces, there were plans to conduct a similar survey in Gyeonggi province, also bordering the Demilitarized Zone, in 2013. However, these plans were stalled due to the unwillingness of provincial authorities to participate until the National Assembly passes the compensation law for mine victims.[7]

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.[8] In 2013, PSA/KCBL continued to provide assistance to affected communities of the most impacted areas.[9] In addition, in 2013 the organization focused on advocacy and awareness-raising on the issue of antipersonnel mines, as well as the difficulties faced by survivors.[10]

Victim assistance coordination

South Korea has no victim assistance coordination; the Ministry of Health, Welfare and Family Affairs (MIHWAF) is the lead ministry responsible for persons with disabilities.[11]

Service accessibility and effectiveness

While South Korea has a national healthcare system, mine victims are frequently not eligible for assistance due to the fact that their disability is considered conflict-related and/or self-inflicted.[12] 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.[13] Civilian mine survivors can apply for government compensation through the Ministry of National Defense Special Compensation Commission, but few claims have been successful.[14] 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.[15]

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.[16]

In 2012, the Law for Removal of Mines and Reparation for Mine Victims was introduced for consideration by the Korean National Assembly for the fourth time since 2003.[17] If approved, it would provide financial compensation to mine victims for loss of income as a result of disability or loss of life (awarded to surviving family members) and would provide subsidies for medical care for survivors.[18] KCBL successfully lobbied parliamentary members to submit the Special Support Law for Civilian Landmine Victims, which proposes to increase the application “grace period” from one to three years. In January 2013, the bill was reintroduced to the parliament.[19] In July 2014, the bill came up for review by the plenary assembly of the parliament but as of the end of the month it had not been adopted.[20]

The law 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 2013, the government effectively enforced the law, although many local government ordinances and regulations still directly discriminate against people with disabilities, according to a media report.[21] 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.[22]

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