Court Rules State Must Pay 15 Million Won to Victim in "Busan Roundhouse Kick" Case

Police's Inadequate Initial Investigation Acknowledged

[Image source=Yonhap News]

A court has ruled that the state must pay 15 million won in compensation to the victim of the so-called "Busan Roundhouse Kick" case. The court recognized the state's liability for damages on the grounds that the police's inadequate initial investigation delayed the determination of the sexual crime.

On February 13, Judge Son Seungwoo of the 31st Civil Division (single-judge panel) of the Seoul Central District Court ruled partially in favor of the plaintiff in a damages lawsuit filed by victim A against the state, stating, "The defendant (the Republic of Korea) shall pay the plaintiff 15 million won."

The court found that A suffered psychological harm because, although the possibility of a sexual violence crime was sufficiently foreseeable at the early stage of the investigation, the investigative authorities failed to properly establish this.

The court stated, "At the time of the incident, there were circumstances in which the assailant's motive for the crime was suspect in a CCTV blind spot, and given the confirmed condition of the plaintiff, specific measures were necessary," adding, "It is unreasonable that the investigative authorities did not take the necessary measures even though the plaintiff did not refuse to make a statement."

The court went on to say, "It is evident that, as a result, whether sexual violence occurred at the time of the crime was not accurately established, causing the plaintiff mental suffering."

In May 2022, A was brutally assaulted by Lee, a man in his 30s with whom she had no prior acquaintance, in the shared entrance of an officetel in Busanjin District, Busan. At the time, CCTV footage showing Lee chasing A and striking her with a roundhouse kick was released, sparking nationwide outrage.

Lee was initially indicted on charges of attempted murder and was sentenced at the first trial to 12 years in prison. However, on appeal, the charge was changed to attempted rape and murder, and the sentence was increased to 20 years in prison, which was upheld by the Supreme Court.

Following this, A filed a 50 million won damages claim against the state, arguing that "the investigative authorities failed to secure objective evidence that could have clarified the circumstances of sexual violence and did not inform me of the suspicious circumstances, causing me to lose the opportunity to collect evidence."