A Korean court has ruled that the State must compensate the victim of the notorious Busan “roundhouse kick” assault, finding investigative failures by authorities.


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🧾 Case Overview

Court: Seoul Central District Court

Decision Date: February 13, 2026

Compensation Awarded: ₩15 million

Legal Basis: State liability for negligent investigation



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📌 What Happened?

In May 2022, a man in his 30s attacked a woman in Seomyeon, Busan, while she was walking home early in the morning.

He followed her into a building and violently assaulted her.

Prosecutors initially charged him with attempted murder.

The trial court sentenced him to 12 years’ imprisonment.



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🔎 What Changed on Appeal?

During appellate proceedings, prosecutors:

– Discovered the attacker’s DNA on the victim’s jeans

– Amended the indictment to include attempted rape and murder


The appellate court:

– Recognized the sexual assault intent

– Increased the sentence to 20 years


The Supreme Court later finalized the 20-year sentence in September 2023.



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⚖️ Why Is the Government Liable?

The victim filed a civil lawsuit against the State, arguing that:

– Investigators failed to properly pursue sexual assault charges early on.

Despite strong signs of sexual violence, authorities:

– Did not sufficiently secure additional evidence.

– Did not fully investigate key witness statements, including those from the victim’s sister.


As a result:

– The sexual assault element was only recognized later in the appellate stage.

– The victim suffered additional psychological distress.



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🧠 Court’s Reasoning

The court held that:

– Given the victim’s condition at the time, sexual assault was strongly suspected.

– Investigators’ failure to take necessary steps was markedly unreasonable.

Because of investigative shortcomings:

– The full nature of the crime was not promptly established.

– The victim endured prolonged mental suffering.



The court concluded that these failures triggered state compensation liability.


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💬 Victim’s Counsel Responds

The victim’s attorney stated that:

– The ruling is meaningful because it recognizes state responsibility for negligent and unlawful investigation.

– Investigative systems must become more victim-centered and focused on uncovering the full truth from the outset.



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📚 Why This Case Matters

– It affirms that police and prosecutors can be held financially accountable for serious investigative omissions.

– Even when a perpetrator is ultimately convicted, procedural failures can independently generate state liability.

The case underscores growing judicial emphasis on:

– Victim protection

– Proper evidence collection

– Timely and thorough investigation of sexual violence allegations

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=216282