Recalculation of Compensation Amount in “Han River Body Case” Ruling by Supreme Court

In a lawsuit filed by the family of the victim of the ‘Han River body case’ against the perpetrator Jang Dae-ho and the motel owner he worked for, the Supreme Court ruled that the bereaved family should deduct the relief money received from the government from the amount of compensation, but only from the compensation amount of the perpetrator Jang. The purpose is to calculate the amount of damages in a way that is not disadvantageous to the victim who received the relief money. The second division of the Supreme Court (Presiding Judge Min Yoo-sook) broke the judgment of the lower court to deduct the relief money from the defendants’ joint compensation amount in a damages lawsuit filed by the bereaved family of victim A against Mr. Jang and the motel owner where Mr. Jang worked, and returned the case to the Seoul High Court. Said it was sent on the 10th. In August 2019, Mr. Jang was sentenced to life in prison for killing a guest at the motel where he worked and arguing with him for refusing to pay for lodging, damaging the body and dumping it in the Han River. The bereaved family of Mr. A filed a lawsuit against Mr. Jang and his employer, the motel owner, claiming compensation for damages. The second trial judged the damages at a total of 630 million won, and ruled that Jang and the motel owner jointly pay 480 million won and Jang alone should pay 150 million won. However, it was decided that the bereaved family should deduct the relief money they had already received from the joint compensation of 480 million won between Mr. Jang and the motel owner. The Supreme Court also judged to the same effect, saying that it should be deducted from compensation. However, I saw that it should be deducted from Jang’s sole compensation, not joint compensation with the motel owner. If Mr. Jang fails to pay compensation, he should receive compensation from the motel owner, but this is because the liability of the motel owner should not be recklessly reduced. An official from the Supreme Court evaluated, “Considering the purpose of the crime victim relief system, the ruling was made to prevent disadvantages to those who received the relief money before compensating for damages.” Reporter Jeong Hye-min jhm@hani.co.kr