A South Korean court on Sunday ordered a sea captain to compensate bereaved family members of a North Korean defector who had died in an accident here, an unprecedented ruling in favor of residents of North Korea.

The Ulsan District Court ruled that the sea captain must pay 110 million won ($102,000) to three family members of the defector, who worked for him as a diver, for not taking efficient safety measures to protect his life. The diver, who fled to Seoul in 2011, died of carbon monoxide poisoning while working underwater in 2013.

The court, however, ruled that the captain only held 60 percent of the blame, as the diver was partly responsible for his own safety.

The suit was filed by the diver’s older brother, who had been the first of the two to escape to Seoul. The brother, who has been the diver’s legal representative, named their parents and the victim’s wife as the plaintiffs.

Despite the unprecedented ruling, speculation over whether the bereaved family in the North can indeed receive the compensation remains uncertain amid the strained ties between North and South Korea, legal experts said.

Until the compensation is delivered to the plaintiffs, the legal representative is obliged to safeguard it under the court’s supervision, court authorities said. The compensation is not allowed to be handed over without the court’s permission, they added.

The court is also allowed to appoint someone else to take care of the compensation if the legal representative is found to have mismanaged the money, court sources said.

By Lee Hyun-jeong (rene@heraldcorp.com)