"Grandmother is brain dead"… Grandchild outraged at grandfather who received settlement money

Grandmother in Brain Death After Bicycle Accident
Grandfather Received Settlement Without Family Consent
Lawyer: "It Must Be the Victim's Own Will"

Photo unrelated to the article. [Photo by Pixabay]

A story seeking advice about a grandfather who settled with the perpetrator who hit his grandmother without consulting the family has come to light.

YTN Radio's "Attorney Jo In-seop's Counseling Center" revealed on the 28th the story of grandchild A, who wants to punish the cyclist who hit his grandmother. The informant A was raised by his grandmother in place of his working parents. He had deep affection for his grandmother who took special care of him, but felt distant from his patriarchal and taciturn grandfather. One day, the grandmother was hit by a bicycle while walking. The grandmother, struck defenselessly by a fast-moving bicycle, suffered severe brain damage and fell into a brain death state. Consequently, A’s family filed a petition for adult guardianship of the grandmother at the family court, and the grandfather was appointed as the adult guardian. The court included "litigation acts" within the scope of the adult guardian’s legal representation rights and stipulated that exercising such authority requires court approval.

The cyclist who hit the grandmother was prosecuted for professional negligence causing injury under the Special Act on Traffic Accident Handling. However, the grandfather received a settlement of 40 million won from the cyclist without the family’s consent and submitted a letter of non-prosecution stating "I do not wish for the defendant’s criminal punishment." Regarding this, A said, "Other family members and I are very dissatisfied with my grandfather’s actions," and lamented, "How can he say not to punish the cyclist who caused my grandmother’s brain death?"

Attorney Song Mi-jung of Shinsegye Law Firm explained the case, saying, "Adult guardianship is a system for adults who continuously lack the capacity to handle affairs due to mental limitations," and "A person appointed as a guardian can represent the ward in acts other than those requiring court approval as stipulated by law without special restrictions." She added, "The Special Act on Traffic Accident Handling states that 'prosecution cannot be initiated against a driver who committed professional negligence causing injury or gross negligence causing injury due to vehicle traffic against the explicit intention of the victim,'" meaning "punishment can only occur if the victim desires it." She noted that even if A’s grandfather is the grandmother’s guardian, he is not the victim himself and therefore cannot decide whether to punish the perpetrator.

Attorney Song said, "The court’s position is that the interpretation that a third party can decide the intention to punish the perpetrator on behalf of the victim contradicts the wording of the law," and "The intention not to punish must be the victim’s own intention." She added, "In cases like A’s grandmother, where the victim cannot express their intention, the guardian cannot decide the intention to punish the defendant on behalf of the victim."