The families of repatriated fishermen from North Korea have taken legal action against the South Korean government by filing a constitutional petition with the Constitutional Court. This comes after a court ruling determined that the state was not liable for damages related to the delays in granting criminal compensation claims. Specifically, the family of the late Kim Dal-soo, a fisherman convicted under the Anti-Communist Law, argued that the judicial process unfairly prejudiced their rights by interpreting the timeframe for compensation decisions as advisory rather than mandatory. The family maintains that these delays fundamentally undermine their right to seek redress and compensation as guaranteed by the constitution.

This particular case has garnered attention following Kim's retrial in 2023, which resulted in a not guilty verdict. Despite this, the court took over a year to rule on the family's compensation claim, well beyond the six-month period stipulated by the Criminal Compensation Law. The family had previously initiated a lawsuit against the state for this delay, but the appellate court ruled in favor of the state, leading to the family’s current efforts to challenge the constitutionality of the ruling through the Constitutional Court.

The family contends that the court's interpretation of the law not only fails to address the substantive delays they experienced but also sets a dangerous precedent that could inhibit the rights of other citizens seeking timely justice. They argue that the court's decision mirrors a broader systemic reluctance to hold state mechanisms accountable, effectively nullifying citizens' rights to pursue redress in a timely manner. As the case moves forward, the families await the court's pre-examination decision to see if their petition will be heard in full by the Constitutional Court.