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Deals & Cases

Damages / Compensation for loss

Seoul Civil Attorney Assistance | Conducted a Civil Lawsuit for Indecent Act by Compulsion and Secured Tens of Millions of Won in Damages

This is a case in which a client who sought out a Seoul civil attorney, with Daeryun's assistance, conducted a civil lawsuit for indecent act by compulsion and secured damages from the offender.

CONTENTS
  • 1. The Detailed Background of the Civil Lawsuit for Indecent Act by Compulsion as Seen by the Seoul Civil Attorney
    • - The Circumstances That Led to Filing the Civil Lawsuit for Indecent Act by Compulsion
    • - What Are the Relevant Statutes the Seoul Civil Attorney Explains?
  • 2. The Seoul Civil Attorney's Strategy to Win the Civil Lawsuit for Indecent Act by Compulsion
    • - Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Criticism of the Offender's Unrepentant Attitude
    • - Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Pointing Out the Flaws in the Offender's Claims
    • - Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Emphasizing the Client's Severe Psychological Stress
  • 3. As a Result of the Seoul Civil Attorney's Assistance, ‘Prevailed Through the Appellate Trial’
    • - Unsure Where to Begin With a Civil Lawsuit for Indecent Act by Compulsion?

1. The Detailed Background of the Civil Lawsuit for Indecent Act by Compulsion as Seen by the Seoul Civil Attorney

The client who visited the Seoul civil attorney was a university student who was suffering psychological harm after being subjected to an indecent act by compulsion by an upperclassman at the same school.

In order to analyze the case more objectively, the attorney held a consultation with the client regarding the civil lawsuit for indecent act by compulsion.

The Circumstances That Led to Filing the Civil Lawsuit for Indecent Act by Compulsion

The client was subjected to an indecent act by compulsion by an upperclassman at the same school whom she had known.

A police report was filed immediately after the offense, and the offender received a summary order. However, the client's wounds did not heal.

She had to continually encounter the offender on the same campus, and each time the offender displayed a defiant attitude.

Suffering from severe psychological stress, the client decided to file an additional civil lawsuit for indecent act by compulsion.

What Are the Relevant Statutes the Seoul Civil Attorney Explains?

Criminal Act

Article 297 (Rape)A person who rapes another by violence or intimidation shall be punished by imprisonment for a definite term of not less than three years.
Article 298 (Indecent Act by Compulsion) A person who commits an indecent act against another by violence or intimidation shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.
Article 299 (Quasi-Rape, Quasi-Indecent Act by Compulsion)A person who has sexual intercourse with or commits an indecent act against another by taking advantage of the other's condition of unconsciousness or inability to resist shall be punished in accordance with Article 297, Article 297-2 and Article 298.

Civil Act

Article 750 (Definition of Tort)A person who causes loss to another by an unlawful act, whether intentional or negligent, shall be liable to compensate for the loss.
Article 766 (Extinctive Prescription of the Right to Claim Damages)(1) The right to claim damages arising from a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the victim or the victim's legal representative becomes aware of the loss and the offender.

2. The Seoul Civil Attorney's Strategy to Win the Civil Lawsuit for Indecent Act by Compulsion

Based on the consultation with the client, the Seoul civil attorney established a concrete plan to prevail in the related lawsuit.

Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Criticism of the Offender's Unrepentant Attitude

From immediately after the offense up to the lawsuit related to this case, the offender was busy making excuses for his crime.

He claimed that he had mistaken the client for his girlfriend, who was a student at the same school, and made unintended physical contact. However, this was not true.

The Seoul civil attorney reviewed all of the documents, including the statements the offender gave to the police, and mounted an active rebuttal.

The attorney emphasized that it was a situation in which the offender could not have mistaken the client for his girlfriend, and that the offender's conduct therefore constituted a clear indecent act by compulsion.

Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Pointing Out the Flaws in the Offender's Claims

During the investigation, the offender's girlfriend continued to give statements defending the offender, saying it was “a situation in which one could easily be mistaken.”

However, it was difficult to accept that statement at face value, because the offender and his girlfriend were still in a romantic relationship.

The Seoul civil attorney referred to this relationship between the two and raised doubts about the credibility of the statement.

Assistance in the Civil Lawsuit for Indecent Act by Compulsion: Emphasizing the Client's Severe Psychological Stress

The client and the offender still attended classes at the same school and continued their departmental activities.

Each time they encountered each other on campus, it was the client who had to live in fear.

While offering a perfunctory apology, the offender did not back down from his claim that it was an “offense due to mistaken identity.”

Even after receiving the summary order, he showed that he gave no consideration to the client's psychological state, for example by trying to attend departmental events.

The Seoul civil attorney pointed out this attitude of the offender and emphasized the importance of compensation for the harm.

3. As a Result of the Seoul Civil Attorney's Assistance, ‘Prevailed Through the Appellate Trial’

As a result of the Seoul civil attorney's assistance, the court issued a judgment in favor of the plaintiff. It determined that the offender must pay the client 40 million won.

The offender expressed that he could not accept this judgment. An appellate trial then proceeded, but with the additional defense of the Seoul civil attorney, the appellate court also ruled in the client's favor.

Unsure Where to Begin With a Civil Lawsuit for Indecent Act by Compulsion?

Among the sexual offense cases that occur in Korea, the type that accounts for the highest proportion is ‘indecent act by compulsion.’

In the case of an indecent act by compulsion, the outwardly visible degree of harm is not always very severe. However, the psychological harm that the victim must endure after the incident, such as shame and fear, is very great.

For this reason, where possible, it is advisable to file a civil lawsuit for indecent act by compulsion together with, but separately from, the criminal complaint in order to obtain compensation for the harm.

Daeryun Law Firm, to which the Seoul civil attorney belongs, provides more specialized legal services with attorneys experienced in related matters working as one team.

If you are hesitating over a civil lawsuit for indecent act by compulsion, please reach out to Daeryun Law Firm, to which the Seoul civil attorney belongs.

서울민사변호사 조력 | 강제추행민사소송 진행하여, 수 천만원의 손해배상금 받아내

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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