[Asia Economy Reporter Seongpil Cho] The court ruled that it was justified for the police officer who failed to provide appropriate relief measures during the arrest of Kim Sang-kyo, who was injured in an assault incident linked to the Burning Sun club, to receive disciplinary action.
According to the legal community on the 7th, the Seoul Administrative Court Administrative Division 5 (Chief Judge Park Yang-jun) ruled against police officer A in a lawsuit filed against the Seoul Metropolitan Police Agency Chief, requesting the cancellation of a "non-disciplinary warning."
The court stated, "At the time, Kim had broken ribs and was handcuffed behind his back for 90 minutes, which likely intensified his pain," adding, "If Officer A had promptly assessed the situation and taken release measures, it could have prevented Kim from being additionally charged with obstructing official duties, public intoxication disturbances, or insult."
The court further explained, "The passive handling of duties by Officer A and other police officers at the time resulted in a decline in public trust in the police organization," and "The public interest in establishing official discipline through the non-disciplinary warning and restoring public trust in the police outweighs the disadvantages to Officer A."
Kim reported to the police on November 24, 2018, that he was assaulted after a dispute with others in the lobby of the Burning Sun club.
Police officers who arrived at the scene arrested the intoxicated Kim on the spot for obstructing official duties after he failed to properly explain the damage and caused a disturbance with abusive language.
While being escorted to the police station, Kim lost his balance and hit his face and knees on the ground. Although the 119 emergency medical team was dispatched to the station, they withdrew after Kim refused treatment.
Kim was detained at the police station for two and a half hours without treatment or investigation before being sent home. During this time, he was handcuffed behind his back for 90 minutes. At that time, Kim had three fractured ribs.
The police issued a non-disciplinary warning to Officer A, who was acting team leader at the police station, for failing to provide appropriate medical treatment to Kim. A non-disciplinary warning is a measure given when the disciplinary offense is not serious; it is not a formal disciplinary action but results in disadvantages such as deduction of reward points.
Officer A filed this lawsuit in objection to the disciplinary measure.
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