Victim of 'Busan spin-kick' attack to get state compensation for insufficient probe

A South Korean court on Friday ordered the state to pay compensation of 15 million won ($10,390) to the victim in an attempted rape and murder case in Busan, saying errors in the investigation led to a ruling that favored the perpetrator.

The civil case division of the Seoul Central District Court ruled in favor of the victim, who said the police investigation excluded her and left out crucial details related to the brutal attack in 2022. The then-30-year-old attacker surnamed Lee assaulted the victim near her home and dragged her to an area without surveillance cameras.

While Lee's DNA was found on the victim's pants, fueling suspicion of sexual assault, investigators said the victim being unconscious at the time made it impossible to conclusively prove rape. He was ultimately charged with attempted rape and murder, and his 20-year prison term was confirmed by the Supreme Court in 2023.

"The victim's condition strongly suggested rape, but (the police) did not obtain testimony from her sister, who would have verified the victim's state," the court said in its ruling.

"It is irrational for the investigative body to not take the necessary procedures. The magnitude of the sexual attack inflicted by the perpetrator was not clearly proven, and the state has an obligation to compensate for that."

The court pointed out that the sex crime charge was only added in the appellate trial, and the insufficient investigation into the assault led to substantial mental pain for the victim.

Legal representatives of the victim welcomed the ruling and pointed out that the victim had been given little information about the case or the evidence. They said the state is not making enough effort to uphold the victims’ rights, a problem seen in many other criminal cases.

"I filed the charges because I'm a living victim," the victim told reporters in a phone conversation after the ruling.

"I've heard so many people say, 'If you survived, then it's ok,' and such sentiment could discourage surviving victims from speaking out about shortcomings in investigations. This could lead to less effort by investigators, so I thought I needed to raise this issue," she went on to say. "I want to thank the lawyers and the court, and I hope victims are no longer excluded (in criminal investigations)."