Busan court rejects victim's appeal over inmate's 100,000-won monthly deposit use
In short
The Busan District Court rejected an appeal by the victim of the so-called Busan roundhouse kick attack against a ruling that lets the convicted attacker, surnamed Lee, use 100,000 won a month of his prison deposit. The panel found no error in the first-instance decision. Media reported the decision on 22 October, citing legal circles.
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The Busan District Court has rejected an appeal by the victim of the so-called Busan roundhouse kick attack against a ruling that lets the attacker, surnamed Lee, use 100,000 won a month from his prison deposit. Newsis, Dong-A Ilbo and Yonhap reported the decision on 22 October, citing legal circles. [ 1 , 2 , 3 ]
Civil Division 9-2 of the court, with Kim Dong-hyun as presiding judge, dismissed the appeal filed by the victim, who is identified by the pen name Kim Jin-ju in Newsis and Dong-A Ilbo. The appeal concerned a ruling on changing the scope of non-seizable claims. The panel found no problem with the first-instance decision by the court's Western Branch, which allows Lee to use up to 100,000 won a month of his deposit while imprisoned. [ 1 , 2 , 3 ]
According to Yonhap, the Western Branch issued that decision on 11 June. The victim argued on appeal that Lee is provided food, housing and medical services during his sentence, so the deposit is hard to regard as money essential for living. She also said Lee had not given a specific account of his living needs and that most of the damages claim had not been recovered, Yonhap reported. [ 3 ]
The appeals panel said the first-instance court had reached its decision under the Civil Execution Act, taking into account Lee's living circumstances, the amount of his deposit and how it is used, and other circumstances shown in the records. Newsis and Dong-A Ilbo listed those records as documents submitted by Lee, his inmate medical record, a custody ledger and a medical bill. The panel said the decision was proper and there was no reason to find any error in it. [ 1 , 2 , 3 ]
The dispute began after the victim won a damages suit against Lee. Newsis and Dong-A Ilbo said she applied last February to seize his deposit as the only means of collecting the 100 million won awarded, and the seizure was granted. Lee objected, citing hospital treatment and purchases, and applied to change the non-seizable scope. Yonhap said he cited living and treatment costs. [ 1 , 2 , 3 ]
Newsis and Dong-A Ilbo said Lee was allowed to use 150,000 won once in July last year and later was guaranteed 100,000 won a month under a further ruling by the same court. The victim's immediate appeal against that ruling was rejected. [ 1 , 2 ]
Lee was given a final 20-year prison sentence by the Supreme Court for the attack, which Newsis and Dong-A Ilbo said took place around 5 a.m. on 22 May 2022 on a street in Busanjin District, where he chased and assaulted the victim, a stranger, with the aim of raping her. Yonhap described a woman on her way home being chased and attacked in Busanjin in May 2022. Newsis and Dong-A Ilbo added that Lee received an additional one-year sentence at first instance on charges including retaliatory intimidation of the victim, with the second-instance ruling pending. [ 1 , 2 , 3 ]
Why it matters
The ruling keeps in place the arrangement under which the attacker can spend part of his prison account while the victim seeks to collect court-ordered damages. The documents describe a continuing legal dispute over how much of the money can be seized.
Key facts
- Civil Division 9-2 of the Busan District Court, presided over by Judge Kim Dong-hyun, rejected the victim's appeal against the ruling on changing the scope of non-seizable claims. [ 1 , 2 , 3 ]
- The first-instance ruling by the court's Western Branch allows Lee to use up to 100,000 won a month of his prison deposit (yeongchigeum) during his imprisonment. [ 1 , 2 , 3 ]
- Yonhap reported that the Western Branch issued that first-instance decision on 11 June. [ 3 ]
- The victim won a damages suit against Lee and sought to seize his deposit to collect the award; Newsis and Dong-A Ilbo put the claim at 100 million won. [ 1 , 2 , 3 ]
- Lee received a final sentence of 20 years in prison from the Supreme Court for the 2022 attack. [ 1 , 2 , 3 ]
- Lee was sentenced to an additional one year at first instance on charges including retaliatory intimidation of the victim; a second-instance ruling is pending, according to Newsis and Dong-A Ilbo. [ 1 , 2 ]
Confirmed by several sources
- The appeals panel of the Busan District Court rejected the victim's appeal and left in place the ruling allowing Lee to use up to 100,000 won a month of his prison deposit. [ 1 , 2 , 3 ]
- The panel said the first-instance court considered Lee's living circumstances, the amount of the deposit and how it is used, and that the decision was proper. [ 1 , 2 , 3 ]
- Lee is serving a 20-year sentence confirmed by the Supreme Court for the Busan roundhouse kick attack. [ 1 , 2 , 3 ]
Still unclear
- When the earlier 150,000-won one-time permission was granted and how it relates to the 11 June decision. Newsis and Dong-A Ilbo say Lee was permitted a one-time 150,000-won use in July last year, followed by a further ruling for 100,000 won a month; Yonhap gives only the 11 June decision date for the monthly allowance.
- The result of the second-instance trial on the additional retaliatory intimidation charges. Newsis and Dong-A Ilbo say the ruling is pending; Yonhap does not mention it.