[Asia Economy Reporter Kim Hyung-min] The family of the late Private Yoon Seung-joo, who died due to assault and abuse by senior soldiers in 2014, has ultimately lost a damages lawsuit against the state.
According to the legal community on the 4th, the Supreme Court's 3rd Division (Presiding Justice Ahn Cheol-sang) on the 29th of last month upheld without review the appellate court ruling that recognized only the compensation responsibility of senior soldier Lee against whom Private Yoon's family filed a damages lawsuit along with the Republic of Korea.
The Supreme Court can confirm the appellate court's ruling without providing separate reasons under the Special Act on Appellate Procedures if there are no special circumstances such as a serious violation of law in the lower court's decision. This is called confirmation without review.
Private Yoon served in the artillery battalion under the 28th Army Division in Yeoncheon, Gyeonggi Province, and suffered from assault and abuse by senior soldiers for four months from late 2013 until he died in April 2014. Senior soldiers including Lee were prosecuted on charges of causing his death by hitting his face and abdomen because Private Yoon ate loudly in the barracks or did not properly answer questions. Lee was sentenced to 40 years in prison by the Supreme Court for murder charges, while the other accomplices received confirmed sentences of 5 to 7 years for injury resulting in death.
The Ministry of Patriots and Veterans Affairs recognized that Private Yoon had an accident during service and registered him as a national merit (fallen soldier) in December 2017. The family filed a damages lawsuit against Lee and the state, alleging concealment after the military authorities initially stated that Private Yoon's cause of death was 'brain damage due to airway obstruction by food' but later changed it to death caused by assault and abuse following controversy.
The first trial ordered Lee to pay a total of 409.07 million KRW in damages but did not recognize the state's liability. It was judged that there was no illegality in the military investigation and announcement, and it was difficult to see that the military intentionally concealed or fabricated the incident. The second trial also recognized only the perpetrator's compensation responsibility.
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