The Owner of Gungjung Jokbal Cried Again... Lost the Second Trial of the Compensation Lawsuit Against the Government and Building Owner

[Image source=Yonhap News]

[Asia Economy Reporter Seongpil Jo] The Civil Division 2-1 of the Seoul Central District Court (Presiding Judge Taeheon Noh) announced on the 8th that in the appeal trial of a lawsuit filed by the owner of Gungjung Jokbal claiming injury during the 2017 eviction enforcement process against the government and the building owner, the court ruled against the plaintiff. This overturned the first-instance ruling that had favored Kim, the owner of Gungjung Jokbal. The first trial stated that "there were some illegal acts during the eviction enforcement process."

Kim, who operated Gungjung Jokbal in Seochon, Jongno-gu, Seoul, had conflicts with the building owner Lee over rent increases. Lee won the eviction lawsuit against Kim and applied for forced execution. Kim strongly resisted with members of the "Association of Merchants Who Want to Do Business Peacefully." During the second forced execution in November 2017, Kim refused to vacate and endured, suffering severe injuries to his fingers and other parts. Subsequently, in January 2018, Kim filed a lawsuit seeking 20 million won in damages each from the government and the building owner, claiming that "injuries were sustained during the process in which the officers' laborers exercised direct and aggressive force."

The first-instance court partially accepted Kim's claims and ordered the state and the building owner to compensate 10 million won each. However, the appellate court reversed the decision, stating, "The injuries Kim suffered were risks that the enforcers could not have anticipated," and "it is difficult to recognize that the injuries were caused by a breach of duty of care." Separately from this lawsuit, Kim was arrested and prosecuted on June 7, 2018, for swinging a blunt weapon at Lee and injuring him, and was sentenced to two years in prison.