Court clears geothermal project officials in 2017 Pohang quake case

POHANG — A court ruled for the first time that it is difficult to recognize the criminal liability of officials involved in the geothermal power business in connection with the magnitude 5.4 earthquake that occurred in Pohang, North Gyeongsang, in November 2017.

The Pohang branch of the Daegu District Court on Thursday acquitted all five defendants indicted on charges including professional negligence resulting in death and injury.

The defendants included two officials from the consortium that oversaw the Pohang geothermal power project, two officials from a government-funded research institute and the lead researcher at a university-industry cooperation foundation that participated in the consortium.

Prosecutors indicted the five in August 2024, alleging they failed to suspend the geothermal project and conduct a proper risk assessment after a magnitude 3.1 earthquake struck on April 2017, which happened seven months before the magnitude 5.4 Pohang earthquake.

The magnitude 5.4 earthquake struck Pohang on Nov. 15, 2017, and became the second strongest earthquake recorded in Korea. The earthquake injured 92 people, displaced more than 1,800 residents and damaged 27,317 facilities, causing total losses of 332.3 billion won ($226 million). A magnitude 4.6 aftershock also followed in February 2018.

Prosecutors claimed the defendants internally concluded the magnitude 3.1 earthquake was an induced earthquake caused by hydraulic stimulation during the geothermal project, but reported it to the relevant government ministry and supervising agency as if it had been an unavoidable natural earthquake. Prosecutors sought prison terms ranging from one to five years.

A joint government investigation team also concluded in 2019 that the November earthquake was a triggered earthquake caused by the construction of the geothermal power plant.

But the recent court ruling rejected the prosecution's argument that the defendants failed to adequately assess the risks posed by the induced earthquake and that it should have halted the geothermal project.

"Evidence submitted by the prosecution is insufficient to prove beyond a reasonable doubt that the defendants' alleged breach of their duty of care caused the earthquake," the court said.

The ruling is expected to have significant implications as it marks the first judicial decision on criminal liability related to the Pohang earthquake. Some say it could negatively affect a damages lawsuit over the earthquake that is currently pending before the Supreme Court.

“We cannot contain our anger at the grim reality that not a single person has been punished for the Pohang earthquake, which has been clearly proven to be a man-made disaster through audits by the Board of Audit and Inspection and an investigation by the Prime Minister's office,” a civic group representing victims of the Pohang earthquake said in a press conference after the ruling. “The prosecution must immediately appeal today's ruling and thoroughly establish the defendants' responsibility before the high court.”

Despite Wednesday's ruling, the group will continue pursuing accountability.

“The Pohang earthquake was confirmed to be a triggered earthquake, yet the courts continue to issue rulings that hold no one accountable," said Mo Seong-eun, head of the civic group. "The earthquake is being treated as if it were no different from a natural disaster. We will launch a citizen-wide campaign to ensure victory in the Supreme Court appeal and the remaining civil lawsuits.

BY KIM JUNG-SEOK [[email protected]]