Korea Legal Aid Corporation Recognizes Compensation for Psychological Harm in Property Damage from Dating Violence
Beyond Vehicle Vandalism: Daily Life Threatened
Recognition of Psychological Harm Beyond Mere Property Damage
On April 7, the Korea Legal Aid Corporation announced that it had secured a favorable damages judgment, including compensation for both property damage and psychological harm, in a case where a vehicle was vandalized during a couple's breakup.
Person A and Person B were in a romantic relationship, but experienced conflict during their breakup. Harboring resentment over Person A having informed B’s family about their relationship, Person B retaliated by slashing the tires of A’s vehicle and damaging the car from front to rear.
As a result of this incident, Person A suffered damages totaling 1,168,000 won for tire replacement and repair costs. Person B received a summary order to pay a fine of 2 million won for the offense of aggravated property damage. However, in order to receive actual compensation, Person A sought assistance from the Korea Legal Aid Corporation (hereinafter referred to as "the Corporation").
The Corporation argued that this case was not a simple incident of vehicle vandalism, but rather a retaliatory, threatening, and premeditated act that occurred during the breakup. They particularly emphasized that the incident took place near the victim’s residence in the early morning hours, causing Person A to experience anxiety and fear.
In reality, following the incident, Person A suffered psychological distress and anxiety in daily life, which included changing parking locations and considering the installation of CCTV cameras. The Corporation stressed that this went beyond mere property damage and constituted psychological harm.
The Busan District Court accepted the Corporation's arguments and, despite the case being one of property damage, ordered Person B to pay 3 million won in consolation money for psychological harm, in addition to the repair costs, after comprehensively considering the motivation, method, and level of risk involved in the crime.
Kim Kibum, a public-interest legal officer at the Corporation who handled the lawsuit, stated, "This case indicates that dating violence, a recent social issue, can manifest not only as physical harm but also in various forms such as property damage and threats. It is a meaningful example in which psychological harm was independently evaluated and recognized with the award of consolation money."
He further commented, "This case is significant in confirming that, beyond the typically restrictive standards for awarding consolation money in property damage cases, it can be granted depending on specific circumstances, making it an important reference for the future."
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The Corporation plans to continue strengthening comprehensive legal support, including counseling and litigation assistance, to ensure that, separate from criminal penalties, civil liability for damages can be recognized and that victims are able to exercise their rights in practice.
※This article is based on content supplied by Law Times.
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