Sexual Assault Accusation with Request to "Send to Proxy Address"
Registered Mail Sent by Police Opened by Family... Psychiatric Treatment
Both Trial and Appeal Courts Rule "State to Compensate 5 Million Won"
A court ruling has determined that the state must compensate for the police's act of sending investigation documents related to sexual violence to the victim's home, ignoring the victim's request to prevent their family from seeing them. Recently, the Civil Appeal Division 7-2 of the Seoul Central District Court ruled partially in favor of plaintiff A in a damages lawsuit against the state, ordering "the state to pay 5 million won," according to a June 14 report by Yonhap News Agency. This is the same result as the first trial.
In April 2022, A filed a complaint with the police alleging sexual violence. In the complaint, A wrote, "I do not want my family to know about this case and suffer, so please send related documents to the address of my legal representative." However, in June of the same year, the police sent the investigation result notification to A's home. This was because the officers in charge of the case did not change the registered mail delivery address to the one A had requested. As a result, A's father received the mail, and A's family learned about A's sexual crime victimization. Due to the shock from this, A and the family received psychiatric treatment. A filed a lawsuit against the state and the responsible police officers, demanding compensation for the mental damages suffered by A and the family.
The first trial recognized the state's liability for compensation, stating, "The police have a duty to be careful not to infringe on the private secrets of the complainant when investigating a sexual crime case, but they overlooked A's request to change the delivery address." It further pointed out, "Due to the negligence of the police officers, A's right to control personal information and privacy was violated, and the damage increased because the family opened the mail." However, regarding the compensation claim against the police officers, the court did not recognize it, stating, "It is difficult to conclude that they executed their duties illegally with intent or gross negligence." Also, although A requested the change of delivery address, A did not submit a separate application for the change other than what was written in the complaint, and the act of A's father opening the registered mail addressed to A was illegal, so they were also held responsible.
The appellate court's judgment was the same as the first trial. The appellate court dismissed the state's appeal, stating, "Even after reviewing the submitted evidence and the parties' claims and other materials, the first trial's fact-finding and judgment are appropriate."
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