The victim in the so-called "Busan roundhouse kick" case, identified as A, won in part in a government compensation lawsuit claiming that a botched investigation by law enforcement worked in the assailant's favor. The court found that key measures to verify suspected sexual violence were omitted.
On the 13th, Judge Son Seung-woo of the Seoul Central District Court's 31st single-judge civil division partially upheld A's damages claim against the state and ruled, "The state must compensate A 15 million won."
The court found that, given the victim's condition at the time, circumstances strongly suggested sexual violence, yet investigators failed to take necessary steps, including securing the older sister's statement and additional evidence. The court deemed the investigative process "remarkably unreasonable."
As a result, the court said the specific nature and outcome of the sexual violence inflicted on the victim at the time were not sufficiently established. The victim suffered considerable pain, and the inadequate investigation exacerbated the mental anguish.
The court also noted that charges related to sexual violence were added only at the appellate stage after repeated challenges. It is inferred that, had key checks been made during the investigation phase, the procedural burden the victim faced might have been different.
The "Busan roundhouse kick" case is a serious crime that occurred around Seomyeon, Busan, in May 2022. The assailant, a man in his 30s surnamed Lee, was sentenced to 12 years in prison at the first criminal trial for attempted murder. On appeal, attempted rape and murder was additionally recognized and the sentence increased to 20 years, and the Supreme Court finalized the ruling in Sept. 2023.
A filed for government compensation, arguing that the victim was excluded from the investigation and trial process and that the investigation into suspected sexual violence was not sufficiently conducted. Lawyers for a group called Lawyers for a Democratic Society, representing A, raised concerns at a press conference when filing the suit that information sharing about the investigation and participation in procedures were restricted.
After the ruling, attorney Han Ju-hyeon of the group said, "Investigations and trials must ensure that assailants are held appropriately accountable without victims having to give up their livelihoods and struggle to uncover the truth." Attorney Oh Ji-won said, "Even when there is a botched investigation, it is often hard to prove," stressing the need to improve the investigative framework.
Via video call, A said, "I heard far too often, 'Isn't it enough that the victim is alive?' and I wanted to leave a precedent that would help future victims."