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I want to defend against a compensation for assault damages lawsuit.

A year ago, my son, a second-year middle school student, assaulted an academy teacher, and it nearly went to trial, but in the end it was resolved well with the victim's side through a covenant not to sue. However, last week I suddenly received notice that the victim's side had filed a damages claim lawsuit. Wait, if a covenant not to sue was made and they even took a settlement and consolation money of 30 million won, should it not end there? Do I need to defend against a compensation for assault damages lawsuit?

compensation for assault damages

damages claim lawsuit

Answer to Related Inquiry

Author: 김국일

Hello.

If you have already concluded a covenant not to sue with the victim and paid consolation money of up to 30 million won, in principle, filing an additional lawsuit for compensation for assault damages regarding that case appears unjust.

A covenant not to sue, which is an agreement not to file a lawsuit regarding a specific case in the future, has been held by the Supreme Court to be valid when it is limited to a specific legal relationship within the scope of rights that the parties to the agreement can dispose of (Supreme Court Decision 98Da63988).

If this case is likewise judged to have been settled within a foreseeable scope, including all criminal and civil liability arising from your son's conduct, the victim's damages claim lawsuit has a high possibility of being rejected.

If you believe that the compensation and liability issues have thus already been concluded, the victim's proceeding with a damages claim lawsuit may also run counter to the principle of good faith.

Even if a damages claim lawsuit proceeds, there is a possibility that it will be dismissed, rejected, or granted according to the court's judgment, so you must be sure to confirm this through a consultation with a legal professional for the compensation for assault damages lawsuit.

Therefore, it is important to well organize the materials needed for the compensation for assault damages lawsuit (such as the covenant not to sue) and to respond actively together with a specialized attorney.