[Exclusive] Husband in 'Yeosu Geumodo Murder Case' Loses Lawsuit Claiming 1.2 Billion KRW Life Insurance Payout for Wife's Death

Confirmed Not Guilty of Murder by Supreme Court but Lost All Insurance Claims Lawsuits
Six Insurance Policies Purchased Before Accident... Claiming 1.2 Billion Won in Insurance Money

SBS 'Unanswered Questions' broadcast screen capture.

[Asia Economy reporters Choi Seok-jin, legal affairs specialist, and Kim Dae-hyun] The husband involved in the "Yeosu Geumodo Murder Case," who was accused of causing the death of his wife by getting out of the car while it was in neutral gear on a pier ramp and causing the car to fall into the sea, filed a claim for over 1 billion KRW in his wife's death insurance benefits against insurance companies but lost the case entirely on the 9th.

The husband was sentenced to life imprisonment after being found guilty of murder in the first trial, but the verdict was overturned in the second trial, where he was only found guilty of violating the Special Act on the Settlement of Traffic Accidents. The Supreme Court later acquitted him of murder. However, he lost the lawsuit against the insurance companies, drawing attention to the reasons behind the ruling.

The Civil Division 22 of the Seoul Central District Court (Presiding Judge Jeong Jae-hee) ruled against the plaintiff, Mr. Park, the husband in the "Yeosu Geumodo Murder Case," in the insurance claim lawsuit against Meritz Fire & Marine Insurance, Lotte Insurance, and the National Credit Union Federation of Korea on that day.

Mr. Park was arrested and prosecuted on charges of murder and violation of the Special Act on the Settlement of Traffic Accidents for causing his wife, Ms. A (47 years old at the time of death), to fall into the sea along with a Genesis sedan at the pier in Jikpo Village, Geumodo, Yeosu City, Jeollanam-do, around 10 p.m. on December 31, 2018.

At the time, Mr. Park and his wife were at the pier. While reversing, he hit the guardrail meant to prevent falling and got out alone from the driver's seat to check the car's condition. Before getting out, he had opened the rear window by 7 cm, claiming there was a smell inside the car. The prosecution judged this action as an attempt to make the car sink faster.

The first trial recognized him guilty of murder and sentenced him to life imprisonment but did not separately judge the violation of the Special Act on the Settlement of Traffic Accidents (causing death). The second trial acquitted him of murder but found him guilty of violating the Special Act on the Settlement of Traffic Accidents, sentencing him to three years in prison. The Supreme Court dismissed the appeal, confirming the verdict.

The court at the time stated, "Although there are suspicious circumstances, it is difficult to exclude reasonable doubt that the victim's death was not caused by Mr. Park's intentional act," maintaining the original judgment.

After being acquitted of murder by the Supreme Court, Mr. Park filed a claim for his wife's death insurance benefits against the insurance companies, but when the insurers refused payment, he filed a lawsuit.

Mr. Park had subscribed to six insurance policies before the accident, including two policies where he was the beneficiary, taken out two months before the accident. Some of these policies were changed to name him as the beneficiary after registering the marriage about 20 days before the accident. In this lawsuit, Mr. Park claimed 1 billion KRW from Meritz Insurance and 100 million KRW each from the other two companies, totaling 1.2 billion KRW.

The judgment has not yet been made public, so the reasons why the court ruled that the insurance companies had no obligation to pay the insurance benefits have not been confirmed.

Article 659, Paragraph 1 of the Commercial Act (Exemption of Insurer) states, "If the insured event arises from the intentional or gross negligence of the policyholder, the insured, or the beneficiary, the insurer is not liable to pay the insurance amount."

In other words, if the car accident is recognized as a murder act intentionally committed by Mr. Park, he cannot receive insurance benefits. Also, if the wife's death is recognized as caused by Mr. Park's gross negligence, the insurer can be exempted from the obligation to pay.

During the trial, the insurance companies reportedly argued claims of ▲intentional murder and ▲fraudulent insurance contracts.

Unlike criminal trials, which require strict proof of criminality, civil trials have a relatively lower burden of proof. Therefore, even if a defendant is acquitted in a criminal trial, the civil court may rule differently, citing "reasonable doubt" or other reasons.

It is common for civil lawsuits related to insurance claims filed after acquittal in criminal trials to result in denial or partial payment of insurance benefits.

Mr. Park held a Meritz Insurance agent license and reportedly inflated his wife's salary and other details falsely to increase the insurance payout while personally recruiting her as the insured for accidental death insurance.

The insurance companies argued that, considering Mr. Park's actions, these insurance contracts were fraudulent agreements concluded under mistaken belief due to Mr. Park's deception, who foresaw his wife's death.

Although the exact reasons for the judgment are not yet available, the fact that the court ruled that the insurance companies had no obligation to pay the full insurance amount suggests that the court likely recognized Mr. Park's intent or gross negligence in his wife's death and judged the insurance subscription as fraudulent aimed at obtaining insurance money.

In this lawsuit, lawyers Kim Jae-young and Lee Joo-eun from the law firm Taepyungyang and lawyers Nam Dong-hwan and Lee Eun-sung from Daeryuk Aju represented Meritz Insurance and led the victory. Mr. Park was represented by the law firm Dongin.

The "Yeosu Geumodo Murder Case" attracted public attention and was featured on SBS's investigative program "Unanswered Questions."