"Falsified Reports Accuse Innocent Man of Sexual Assault"…Supreme Court Recognizes State's Liability for Damages

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled recognizing the state's liability for compensation to teenage boys who claimed they were wrongfully imprisoned as sexual assault offenders due to the one-sided preparation of investigation records by investigative agencies.

The Supreme Court's 2nd Division (Presiding Justice Park Sang-ok) on the 29th upheld the lower court's ruling partially in favor of the plaintiffs in the appeal trial of a damages claim lawsuit filed by four teenagers who were detained on charges of sexual assault but were released without charges.

The court emphasized, "Investigative agencies have the duty to respect the human rights of citizens and act fairly in accordance with the Constitution and laws when performing duties such as investigations," adding, "Especially when the suspect is a minor or a socially vulnerable person, there is an obligation to be more careful to ensure that no disadvantage occurs in exercising the right to defense."

It further stated, "If the state intentionally or negligently violates this duty by preparing interrogation records of the suspect, thereby substantially infringing on the suspect's right to defense, the state must compensate for the damages suffered by the suspect as a result."

Kim (aged 15 at the time of the incident) and three other middle school classmates were arrested on October 2, 2010, on suspicion of sexually assaulting Mr. A (aged 18 at the time), who has an intellectual disability, on the rooftop of an apartment in Paldal-gu, Suwon-si, Gyeonggi-do in July 2010.

At that time, the court issued arrest warrants for Kim and others based on confession statements prepared by the police.

However, the prosecution, which took over the case from the police, released Kim and others on October 29, about 20 days later, as Mr. A and other involved parties recanted their statements.

The prosecution continued the investigation without detention and in January of the following year, dismissed the charges, stating, "The partial confessions and victim statements from the involved parties, whose credibility cannot be recognized, are insufficient to acknowledge the charges, and there is no evidence."

In response, Kim and the others, along with their parents, filed a lawsuit claiming that the court's issuance of the arrest warrants was due to police fabrication of statements and inadequate investigation, demanding the state pay 30 million won each to the four teenagers and 5 to 10 million won each to their parents as compensation for material and mental damages.

The first trial acknowledged the police's negligence in preparing the records.

The court stated, "It is recognized that the police altered the content of the questions and answers to make it appear as if specific statements were voluntarily made, failing to maintain objectivity in the records prepared against Kim and others, which likely worked to their disadvantage during the warrant review stage."

However, the compensation amount was limited to 3 million won each for the four teenagers and 1 million won each for the parents. This ruling was upheld in the appellate court and the Supreme Court.

This content was produced with the assistance of AI translation services.