[Goyang Damages Attorney Favorable Judgment Case] Resolving the Client's Grievance and Winning the Case With the Assistance of the Goyang Damages Attorney

The client's story, as understood by the Goyang damages attorney, was somewhat complex.

The client therefore wished to receive the assistance of a Daeryun attorney in order to argue no liability in that lawsuit, so as to resolve the grievance and restore the damaged reputation.

◎ Crime of Insult

Among the allegations the plaintiff raised against the client, the alleged “verbal abuse” does not constitute the crime of assault as defined in Article 260 of the Criminal Act.

However, physical striking is not the only form of assault, and when the other party uses abusive language or insults, a criminal complaint for the crime of insult may be filed if witnesses are present and a written statement can be obtained.

◎ Crime of Defamation

If the above process contains content capable of damaging the other party’s reputation, it may be punishable as the crime of defamation.

◎ Damages Lawsuit

A party who has suffered emotional harm due to verbal abuse may file a claim for damages through a civil lawsuit.

If no settlement is reached between the victim and the offender, the victim may file for civil conciliation, a small-claims adjudication, or similar proceedings to claim medical expenses, consolation money, and related amounts.

※ For a damages lawsuit, there are six elements that the plaintiff must prove.

(1) The existence of a harmful act

(2) The unlawfulness of the harmful act

(3) The offender’s intent or negligence

(4) The occurrence of harm to the victim

(5) A causal relationship between the harmful act and the occurrence of harm

(6) The offender’s capacity for liability (mental capacity)

The plaintiff argued that the client shouted loudly and used abusive language during their first phone call.

However, the attorney argued that this occurred because the client mistakenly believed that people who appeared to be students were using the instructors’ room without permission and without wearing masks during a period of heightened sensitivity due to COVID-19, and voices were merely raised in the course of the client’s protest, and that the misunderstanding was cleared up during the call, which ended amicably.

This was proven by submitting, as evidence, the content of a phone call with the investigator who had conducted the inquiry at the time.

The plaintiff argued that the child’s condition worsened severely because of the lawsuit the client had initially filed.

However, the attorney argued that because the plaintiff’s child had originally suffered from a chronic illness and had been receiving drug treatment, it was highly probable that the situation involving the plaintiff’s child arose from the worsening of that chronic illness, and that it had no connection whatsoever to the client.

The plaintiff argued that the client threatened the plaintiff in order to restore the client’s reputation for reapplying to the instructor position, and that the client edited a recording of the phone call before submitting it.

However, the attorney argued that it had been objectively proven that the client had not altered the recording file in any way,

and that the client had merely sought to recover the harm the client had suffered, with no threat involved.

This case, in which the client requested assistance, was a somewhat complex one in terms of the trial process, because it spanned a considerable period across a total of three lawsuits and involved a large number of recordings and other items that had to be used as evidence.

However, a number of attorneys handling damages matters at Daeryun worked together to assist the client, and as a result, a favorable judgment was obtained.

Daeryun operates a Civil and Damages Group staffed by attorneys with experience handling a range of cases.

If you are facing difficulties in litigation in a case like the one above, you may consult a Goyang damages attorney about your matter at any time.