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🚨 Citizen Appeal: A New Form of Legal Response Led by Citizens

Today Korean Social News | 2025.04.17

📌 "Why Couldn't He Board the Helicopter?"... Citizens Appeal the Final Sewol Ferry Disaster Trial

💬 Im Kyung-bin, a student rescued during the Sewol Ferry disaster, was in critical condition but was transported by boat instead of helicopter and ultimately died. While the court acknowledged the state's responsibility, it ruled that the Coast Guard command had no responsibility regarding helicopter transportation. In response, the victim's family and 2,500 citizens formed a 'Citizen Appeal Group' and filed an appeal. This is the final trial related to the Sewol Ferry disaster and is drawing attention as a social movement to hold those responsible for the rescue failure fully accountable.

Summary

  • Citizen Appeal is a method where citizens collectively bear the cost of appeal for the public interest and participate in legal responses.
  • Unlike traditional legal responses, citizen groups rather than individuals become the main actors pursuing social justice.
  • Citizen Appeals are establishing themselves as a new form of participatory democracy in cases of high social interest.

1️⃣ Definition

Citizen Appeal refers to a method in which citizens collectively bear the cost of appeal for the public interest and participate in legal responses even if they are not parties to the lawsuit. Simply put, it is when citizens come together to appeal socially important judgments.

Citizen Appeal is not an official system with legal effect, but it is a new form of legal response that seeks justice through civil society solidarity in cases of high social interest.

💡 Why is it important?

  • Citizens can share the litigation costs and burdens that would be difficult for socially vulnerable individuals to bear alone.
  • It provides a channel to convey citizens' opinions to the court on socially important issues.
  • It can exert pressure for judgments to reflect social justice and public interest beyond simple legal reasoning.

2️⃣ Characteristics and Background of Citizen Appeals

📕 Characteristics and Methods of Citizen Appeals

  • Citizen Appeals differ from general lawsuits in several ways. Citizen Appeals have different characteristics from traditional legal responses. First, the main actors differ. While regular appeals are initiated by the parties to the lawsuit, Citizen Appeals involve collective participation by citizens. Second, the purpose differs. Beyond securing individual rights, they aim to realize social justice and improve systems. Third, the methods differ. They combine various activities such as submitting appeals, petition campaigns, crowdfunding, and public forums. Fourth, the meaning differs. They place great significance on changing social perceptions and forming public opinion beyond simply winning the legal case.

  • Citizen Appeals proceed in various ways. The general process of a Citizen Appeal is as follows. First, a judgment that becomes a social issue is delivered. Second, civic groups or activists raise the need for a Citizen Appeal and call for participation. Third, participants are recruited and the purpose of the appeal is announced through online platforms or social media. Fourth, appeal costs are raised through methods such as crowdfunding. Fifth, an appeal brief is written with advice from legal experts. Sixth, signatures from participating citizens are collected and submitted with the appeal. Seventh, public opinion is raised through press conferences and forums during the appeals process. Of course, since Citizen Appeals are not given legal status, the actual appellant is typically the original party to the lawsuit or their representative.

📕 Social Background and Significance of Citizen Appeals

  • Citizen Appeals emerged from various social backgrounds. The social backgrounds that led to the emergence of Citizen Appeals include the following factors. First, there has been increased distrust in the judiciary. The perception has spread that some judgments lean toward formal legal reasoning rather than social justice or public interest. Second, the burden of litigation costs is high. Lawsuits that proceed to the appeals court are often too costly for individuals to bear. Third, participatory democracy has expanded. There are growing calls for citizen participation not only in politics and economy but also in the judicial sphere. Fourth, the development of social media has facilitated information sharing and participatory organization. Online platforms have enabled citizens to quickly unite and take action.

  • Citizen Appeals have important social significance. Citizen Appeals carry various social meanings beyond simple legal responses. First, they contribute to judicial democratization. They provide a channel for citizens' voices to be reflected in the judicial process, which is typically closed and centered around experts. Second, they strengthen social solidarity. The experience of citizens uniting and cooperating for a common goal forms social capital. Third, they develop legal culture. Legal culture can mature as citizens take interest in and participate in laws and judicial processes. Fourth, they provide opportunities for system improvement. Issues raised through Citizen Appeals can lead to legal system improvements in the long term. Fifth, they protect socially vulnerable groups. In situations where individuals find it difficult to pursue lawsuits against large organizations or the state, solidarity among citizens can be a great strength.

Key Characteristics and Issues of Citizen Appeals

  1. Legal status: Movement-like character led by citizens, not an official legal system
  2. Participants: Voluntary participation by citizens who are not direct stakeholders
  3. Cost issue: Sharing litigation costs through means such as crowdfunding
  4. Court influence: Limitations on actual influence on court decisions
  5. Public opinion formation: Impact on social awareness and public opinion
  6. Sustainability: Possibility as a sustainable movement beyond temporary interest
  7. Political neutrality: Political bias controversy and securing fairness
  8. Securing expertise: Methods for participation with legal expertise
  9. Possibility of institutionalization: Potential to develop into a citizen-participatory litigation system
  10. International cases: Similar citizen participatory judicial cases from other countries

3️⃣ Cases and Challenges of Citizen Appeals

✅ Major Citizen Appeal Cases

  • The Sewol Ferry case is a representative example of Citizen Appeal. The following are representative examples of Citizen Appeals in lawsuits related to the Sewol Ferry disaster. The most recent example is the 2025 lawsuit regarding insufficient medical measures for Im Kyung-bin, a surviving student of the Sewol Ferry disaster. In the first trial, the court partially acknowledged the state's responsibility but did not recognize the Coast Guard command's responsibility regarding helicopter transportation. In response, the victim's family and 2,500 citizens formed a 'Citizen Appeal Group' and are currently proceeding with an appeal. Additionally, in 2022, there was a similar Citizen Appeal in the state compensation lawsuit filed by the families of Sewol Ferry disaster victims. In the first trial, the compensation responsibility of the state and Chonghaejin Marine was recognized, but the compensation amount fell short of expectations, leading citizens to participate in the appeal together. These Sewol Ferry-related Citizen Appeals are characterized by their aim not simply to increase compensation but to clearly establish state responsibility and prevent similar disasters from recurring through system improvements.

  • Citizen Appeals are being conducted in various fields. Besides the Sewol Ferry case, Citizen Appeals are taking place in various social issues. In the environmental field, in 2023, local residents, nationwide environmental organizations, and citizens participated together in an appeal against the Yeongdeok nuclear power plant construction permit. In the labor field, in 2024, there was a case where labor unions, civic groups, and general citizens collected appeal costs and formed a legal support team to support workers who were unfairly dismissed during large-scale restructuring. In the human rights field, appeals through citizen solidarity have also occurred in cases of discrimination against sexual minorities or accessibility rights for people with disabilities. Also, in the appeals court for the 2021 ruling on compensation for victims of Japanese military sexual slavery, citizens supported litigation costs through crowdfunding, and international law experts formed an advisory group. In this way, Citizen Appeals are establishing themselves as a new model of citizen-participatory legal response in various social issues.

✅ Limitations and Development Directions of Citizen Appeals

  • Citizen Appeals face several limitations and challenges. The main limitations and challenges facing Citizen Appeals are as follows. First, there are limitations in legal status. In the current legal system, Citizen Appeals do not have official legal status, and the actual appellant must be a party to the lawsuit. Second, there is difficulty in securing expertise. It is not easy for the general public to fully understand and participate in complex legal issues. Third, there is the challenge of sustainability. While participation is active during periods of high social interest, there is a tendency for interest and participation to decrease over time. Fourth, there are concerns about political bias. There is a possibility that Citizen Appeals could be used as a tool to represent specific political positions. Fifth, there is controversy about undue pressure on the court. Large-scale citizen participation could be perceived as a means of pressuring the court's independent judgment.

  • Directions for the healthy development of Citizen Appeals are being discussed. The following proposals are being discussed as directions for Citizen Appeals to develop more healthily. First, legal status should be considered. Ways to institutionalize them as 'citizen-participatory litigation' or 'public interest litigation' can be explored. Second, legal education should be strengthened. It is necessary to provide educational programs so that citizens can better understand relevant laws and litigation procedures. Third, a transparent operating system should be established. The use of funds raised and the progress of litigation should be transparently disclosed, and regular communication with participants should be maintained. Fourth, expert participation should be expanded. Legal experts can supplement expertise by participating as advisory or support groups. Fifth, political neutrality should be maintained. An approach that is not biased toward specific political forces and is faithful to the essence of the case and public interest is needed. Through these directions, Citizen Appeals can mature as a new form of participatory democracy.


🔎 Appeal

  • An appeal is a system where one requests a second trial by contesting a first trial judgment.
  • An appeal refers to a system in which one requests a rehearing from a higher court by contesting the judgment of a first-instance court. In civil or criminal lawsuits, a party who has objections to a first trial judgment must submit an appeal within two weeks from the day the written judgment is delivered. For appeals, a collegiate panel of the district court handles appeals against judgments by a single judge of the district court, while the high court handles appeals against judgments by a collegiate panel of the district court. In an appeals court, new evidence or arguments that could not be submitted in the first trial can be presented, and errors in both fact-finding and law application can be contested. If dissatisfied with the appeals court judgment, one can file a final appeal to the Supreme Court. While appeals are an important system that guarantees the basic right of citizens to receive a trial, they also bring the burden of prolonged litigation and increased costs.

🔎 Crowdfunding

  • Crowdfunding is a method of raising necessary funds by collecting small amounts from many people.
  • Crowdfunding refers to a method of raising necessary funds by having numerous people invest or sponsor small amounts. It is achieved through the voluntary participation of people who empathize with the purpose and plan of fundraising, which is announced to an unspecified number of people through the internet and social media. Crowdfunding can be largely divided into four types. First, the donation type is where people participate for purely donation purposes without financial compensation. Second, the reward type is where non-financial compensation such as products or services is provided. Third, the lending type is where the principal and interest are returned after a certain period. Fourth, the equity type is where one acquires shares and shares profits. In Citizen Appeals, donation or reward-type crowdfunding is mainly used, with funds used for litigation costs, legal consultation fees, promotional activity expenses, and so on. Crowdfunding is significant as a democratic means that can counter massive capital or power by gathering the strength of small participants.

🔎 Public Interest Litigation

  • Public interest litigation is litigation conducted for the benefit of socially vulnerable or minority groups.
  • Public interest litigation refers to litigation conducted for the public interest, such as protecting the rights of socially vulnerable or minority groups, environmental conservation, and consumer rights, beyond individual rights remedies. Public interest litigation is characteristically first, aimed at realizing public interest rather than individual interest. Second, the results of the litigation affect society as a whole beyond the direct parties. Third, it is mostly conducted on behalf of socially vulnerable or minority groups. Fourth, it aims for changes in social systems or policies beyond legal judgment. Representative examples of public interest litigation include lawsuits for environmental pollution damage, consumer class actions, lawsuits for remedying discrimination against people with disabilities, and information disclosure request lawsuits. Citizen Appeals often have the nature of public interest litigation and seek to realize public interest through the collective participation of citizens. However, public interest litigation often faces difficulties in appointing lawyers and raising litigation costs because of low chances of winning or small economic compensation. To overcome these limitations, support systems for public interest litigation and expansion of law firms' public interest activities are being discussed.

5️⃣ Frequently Asked Questions (FAQ)

Q: How can I participate in a Citizen Appeal?

A: There are various ways to participate in a Citizen Appeal. The most common methods of participation are as follows. First, start by collecting information. Check whether a Citizen Appeal is proceeding for the case you're interested in, and get accurate information through SNS, websites, etc., of relevant civic groups or legal support teams. Second, you can participate in crowdfunding. Most Citizen Appeals conduct crowdfunding to raise litigation costs. You can financially support by participating with an amount that is possible for you. Third, you can join signature campaigns. Many Citizen Appeals gather citizens' support through signature campaigns. You can express your solidarity by participating in online or offline signatures. Fourth, you can share and spread related content on SNS. Informing others about the purpose and methods of participation in a Citizen Appeal is also an important way of participating. Fifth, you can attend court hearings or assemblies. If your schedule allows, you can express your interest by attending actual trials or related assemblies and forums. Sixth, if you have expertise, you can participate as a volunteer in legal support teams, etc. If you have professional knowledge in law, accounting, public relations, etc., you can contribute more actively. Participation in a Citizen Appeal is meaningful in itself by showing interest and continuous support, not just financial contribution.

A: Since a Citizen Appeal is not an official legal system, it does not have direct legal effect in itself. From a legal perspective, the appellant must still be a party to the lawsuit or their representative, and citizens' participation legally takes on the character of 'support' or 'solidarity.' Nevertheless, Citizen Appeals can have the following indirect legal influences. First, they reduce the burden of litigation costs. By raising necessary costs for appeals such as stamp duties and lawyer fees through crowdfunding, situations where appeals are abandoned for economic reasons can be prevented. Second, they can attract the participation of legal experts. In cases of high social interest, excellent legal experts often participate as advisory groups or representatives, which can improve the qualitative level of litigation. Third, they raise social awareness to the court. While courts officially judge according to legal principles, it is difficult to completely ignore citizens' interest and expectations regarding socially important issues. Fourth, they can be an opportunity for related legal system improvements. Issues raised through Citizen Appeals can lead to legislation or system improvements in the long term. In conclusion, Citizen Appeals operate by indirectly influencing legal outcomes through social influence rather than direct legal effect.

Q: What is the difference between a Citizen Appeal and a class action lawsuit?

A: While both Citizen Appeals and class action lawsuits involve legal responses by multiple people, they have important differences in several aspects. First, their legal status differs. Class action lawsuits are official litigation systems defined by law, whereas Citizen Appeals are citizen-led movements that are not institutionalized. Second, qualification for participation differs. Only parties who have suffered the same damage can participate in class action lawsuits, but in Citizen Appeals, citizens without direct interests can also participate. Third, the parties to the lawsuit differ. In a class action lawsuit, all participants legally become parties to the lawsuit, but in a Citizen Appeal, only the original parties to the lawsuit are legal parties. Fourth, the effect of the judgment differs. The judgment in a class action lawsuit has legal binding effect on all members who participated, but in a Citizen Appeal, it has direct effect only on the original parties to the lawsuit. Fifth, the distribution of compensation differs. In a class action lawsuit, if successful, the compensation is distributed to the participating members, but in a Citizen Appeal, even if successful, the compensation goes to the original parties to the lawsuit. Sixth, the purpose differs. While class action lawsuits mainly aim for efficient remedy for multiple victims, Citizen Appeals often have broader public interest goals such as social justice and system improvement. Currently in Korea, the Securities-Related Class Action Act is in effect, and recently, there have been discussions about expanding the class action system to consumer areas, etc. Citizen Appeals are participation methods that citizens have voluntarily developed within the existing legal system, and the two systems can be seen as complementary to each other.

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