[Anchor]
A foreign national who stayed at a foreigner detention center has filed a civil lawsuit for damages against the South Korean government, claiming to have been assaulted by a social service agent. Although the court ordered the government to submit relevant CCTV footage, the government refused to comply.
Morning Zoom-in with Reporter Je Hui-won.
[Reporter]
In November the year before last, A, an Algerian national staying at the Hwaseong Foreigner Detention Center, filed a state compensation lawsuit worth approximately 3 million won against the Republic of Korea late last year, claiming to have been assaulted by a social service agent.
The claim states that the agent butt-headed A in the forehead and grabbed them by the back of the neck because A did not comply with instructions to enter the PC room.
In June of this year, the prosecution issued a summary indictment for the social service agent on charges of assault, seeking a fine of 500,000 won.
Viewing the analysis data of the CCTV footage from that time as core evidence for the compensation lawsuit, A applied to the court for the submission of the materials, and the court accepted this, ordering the South Korean government to submit them last July.
[A / Victim of Assault at Hwaseong Foreigner Detention Center : It is not that I expect people to believe my words simply because I am the victim. I want the CCTV to speak for itself.]
However, the government appealed the order, claiming that there is no obligation to submit such materials under the Civil Procedure Act and that they are not necessary evidence for determining state compensation liability.
Kim Jin-joo, the victim of the Busan roundhouse kick case who had filed a state compensation lawsuit arguing that the investigative agency's shoddy investigation worked to the perpetrator's advantage, experienced a similar situation.
When Kim's side requested the perpetrator's DNA appraisal data, stating it was necessary for the state compensation lawsuit, most of the documents sent by the prosecution were blackened out, making it impossible to check the core details.
Citing the protection of privacy and investigative security as reasons, it is difficult for the victim to accept.
[Kim Jin-joo / Victim of Busan Roundhouse Kick Case : We are not even main characters; we are extras. Victims cannot receive information anywhere. (The state) is treating us like cargo.]
[Oh Ji-won / Lawyer : Even for evidence that victims must secure to receive remedy for their rights, (the court and prosecution) solely decide at their discretion whether to provide it or not, causing considerable difficulties...]
Points are being raised that institutional improvements are necessary in a direction that substantially guarantees the rights of victims when a crime is proven and a lawsuit against the state proceeds.
(Photo courtesy of Yonhap News)
(Reported by Lee Mu-jin | Video by Lee So-young | Graphics by Lee Jong-jung)
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