Controversy Over 'Busan Spinning Kick' Perpetrator's Request to Use Prison Deposit

Victim Seizes Prison Deposit to Recover Damages

Legal Experts Express Concern Over Possible Infringement on Victim's Right to Collect Compensation

Controversy has arisen after it was revealed that the perpetrator of the 'Busan spinning kick' case filed a request with the court to allow the victim to use a portion of the prison deposit each month.

On June 7, Yonhap News Agency, citing legal sources, reported that the perpetrator, Lee, recently filed a request with the court to change the scope of the non-attachable claim. The purpose of the request is to allow Lee to use about 100,000 to 150,000 won per month from his prison deposit for expenses such as hospital bills and purchases at the prison store.

Previously, in October last year, the Busan District Court ruled in favor of the plaintiff in a damages lawsuit filed by the victim, Kim, against Lee, awarding Kim 100 million won in compensation.

Lee is currently serving a 20-year prison sentence confirmed by the Supreme Court, after being indicted on charges of violently assaulting a woman in her 20s, surnamed Kim, in Busan in 2022 with the intent to commit sexual assault.

The defendant Lee in the 'Busan Roundhouse Kick Incident' is getting into the transfer vehicle after being sentenced to 20 years in prison at the appellate court hearing. Photo by Yonhap News Agency

After the ruling, Kim seized Lee’s prison deposit to recover the damages. Since the state covers the cost of basic necessities for inmates, the prison deposit can be subject to compulsory execution even if it is below the minimum cost of living.

However, Kim, who has frequently checked the deposit account balance, found that it is practically impossible to recover the damages through seizure. Recently, the balance was reported to be less than 1,000 won.

If the court accepts Lee’s request, the specified amount would be excluded from seizure, allowing Lee to use these funds. Kim is strongly opposing this possibility.

Kim stated, "Given that the perpetrator has never voluntarily made any compensation and the account balance has remained at only 850 won for several months, how can I ever expect to receive the 100 million won? The victim is unable to receive the damages that are rightfully owed, so if the court guarantees the perpetrator’s use of the deposit for their own convenience, it is absurd."

Legal experts believe it is unlikely that Lee's request will be granted. This is because, under the 'Act on the Execution of Sentences and the Treatment of Prisoners,' basic necessities such as food, clothing, and shelter are provided by the state, so it is difficult to argue that the inmate’s human rights are being significantly violated. In cases where separate expenses, such as for external medical treatment, are necessary, the inmate can provide evidence and obtain court approval to use the required amount.

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