Court orders gov't to pay $10,000 to 'roundhouse kick' victim for botched sexual assault investigation

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Court orders gov't to pay $10,000 to 'roundhouse kick' victim for botched sexual assault investigation

A CCTV footage shows a man kicking a woman in the head at her apartment building in Busan on May 22, 2022. He was sentenced to 20 years in prison for attempted murder and sexual assault. [JOONGANG ILBO]

A CCTV footage shows a man kicking a woman in the head at her apartment building in Busan on May 22, 2022. He was sentenced to 20 years in prison for attempted murder and sexual assault. [JOONGANG ILBO]

 
A Seoul court ruled on Friday that the state must compensate a female victim who was kicked and assaulted by a man in Busan in 2022, finding that investigators failed to take necessary steps in the early stages of the case and caused her additional mental suffering.
 
The Seoul Central District Court ordered the government to pay 15 million won ($10,400) to the victim, surnamed Kim, in a damages suit filed against the state.
 

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The court said investigators did not sufficiently collect evidence and statements they should have secured at the outset of the case, which prevented authorities from fully establishing the nature of the crime.
 
“Given the plaintiff’s condition at the time of the incident, there were strong grounds to suspect sexual violence, yet investigators did not secure a statement from the plaintiff’s older sister, who clearly would have checked her condition in detail,” the court said. “The failure to take necessary measures was markedly unreasonable.”
 
The court added that only after the victim repeatedly filed petitions did prosecutors add a charge at the appeals stage. 
 
“It is difficult to conclude that the exact nature and course of the sexual violence were accurately determined due to the unreasonable investigation,” it said. “It is evident that the plaintiff suffered significant mental distress as a result.”
 
The court limited the compensation to 15 million won, noting that prosecutors amended the indictment during the appeals trial. The victim had sought 50 million won.
 
The Seoul Central District Court in Seocho District, southern Seoul, is pictured on Jan. 12. [YONHAP]

The Seoul Central District Court in Seocho District, southern Seoul, is pictured on Jan. 12. [YONHAP]

 
The assault occurred in the early hours of May 22, 2022, in Seo-myeon, Busanjin District, Busan. A man, surnamed Lee, followed the victim as she walked home and kicked and beat her.
 
The case, widely known as the “roundhouse kick” attack, gripped Korea and sparked public outrage over violent crime and the handling of sexual assault investigations.  
 
Prosecutors initially indicted Lee on a charge of attempted murder, and a district court sentenced him to 12 years in prison. During the appeals process, prosecutors secured additional evidence, including the defendant’s DNA from the victim’s clothing, and changed the charge to attempted rape and murder.
 
Prosecutors said Lee stripped the unconscious victim and attempted to rape her, but fled after sensing the presence of others.
 
The appellate court found that Lee intended to kill the victim and sentenced him to 20 years in prison. The Supreme Court upheld that ruling.
 
The victim filed the damages suit in March 2024, arguing that the authorities’ handling of the investigation caused her further harm. Friday’s decision marked a first-instance ruling partially recognizing the state’s liability.


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY HAN YOUNG-HYE [[email protected]]
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