Middle School Student Illegally Films Elementary Student in Bathroom... Court Rules "Parents Also Liable for Compensation"

Court: "Neglected Duty of Protection and Supervision Despite Obligation"

A court ruling has determined that the parents of a student who illegally filmed an elementary school girl in a bathroom must compensate the victim.

On the 20th, Yonhap News reported that Judge Kim Dong-seok of the Civil Division 8 at Suwon District Court ruled in favor of the plaintiff, Ms. A (then 13 years old), and her legal guardian in a damages lawsuit filed against defendant Mr. B (then 14 years old) and his parents. Ms. A’s side had previously filed a damages lawsuit seeking over 30 million won in compensation from Mr. B’s side for consolation money and mental health counseling.

On October 20, 2022, at 8 p.m., Mr. B filmed Ms. A using a mobile phone over the partition of a stall in a women’s restroom in a building located in Yeongtong-gu, Suwon City, while she was using the toilet. At the time, the investigative authorities placed Mr. B under juvenile protection measures on charges including violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The court judged that Mr. B had the intelligence to understand the responsibility for his actions and held him liable for damages. Furthermore, the court recognized that Mr. B’s parents also bore responsibility for compensating the plaintiff’s damages, as they neglected their duty to supervise and protect their child through general and routine guidance and advice to prevent taking photos that could cause sexual humiliation against the other party’s will.

The court ordered Mr. B’s side to pay Ms. A 10.4 million won for consolation money and treatment costs, and 1 million won in consolation money to Ms. A’s legal guardian.

Meanwhile, under Article 750 (Contents of Tort) and Article 755 (Liability of Supervisors of Persons Incapable of Responsibility) of the Civil Act, guardians supervising minors can be held liable for damages. However, it must be proven that there is a substantial causal relationship between the guardian’s breach of duty and the damages caused by the minor.