Indemnification of 1.6 billion won for Yakchon five-way street … “Pay 20% of the police and prosecutors at the time”

Around 2 pm on the 13th, in Room 559 of the Seoul Central District Court. This is the statement made by Choi Mo, 37, a victim of the ‘Yakchon Five Street Murder Case,’ by the Seoul Central District Court’s Civil Agreement Division 45 (presiding judge Lee Seong-ho) in a lawsuit for damages against the country. Attorney Park Joon-young, who attended the trial on behalf of Mr. Choi, said, “I hope today’s trial will help establish a human rights investigation for the truth in the investigation process.”

The court ruled that some of the plaintiffs won the lawsuit Choi filed against the state, police officer Lee Mo, and prosecutor Kim Mo, asking the country to pay 1.3 billion won. Separately, he was asked to pay 250 million won to Choi’s mother and 50 million won to his younger brother.

For the first time, the judiciary asked prosecutors and individual police officers to be responsible for investigating the violation. 20% of the total compensation, or 260 million won, was borne by police officer Lee, who coerced Choi, and prosecutor Kim, who dismissed the suspect who was found to be the real criminal. For Choi’s mother and younger brother, 20%, 50 million won and 10 million won, respectively, were given.

The judge explained that all the compensation that Mr. Choi owed was 2 billion won, and that about 100 million won of profits not obtained during the arrest period should also be paid. However, considering that Choi decided to separately receive about 840 million won as criminal compensation, the compensation was set at 1.3 billion won.

Attorney Park said, “The amount charged at the last trial and the amount quoted today are almost the same,” he said. “I think the amount that can be legally recognized has been sufficiently recognized.”

According to the victims, it was difficult to find the reflection of the state and investigative agencies during the trial process. Attorney Park said, “The defendant, the Republic of Korea and the prosecutor, were represented by the Governmental Justice Agency, which was established as a state tax, and said that they could not admit responsibility at the trial.” “The prosecutor expressed regret, but the police still paid him that Choi was the real criminal. He made an unreasonable claim that the criminal compensation that was made should be refunded.”

He said that if the state and investigative agencies had apologized, they had plans to drop the lawsuit. Attorney Park said, “If we meet quietly outside the court and apologize, we have offered to drop the lawsuit against them, but we have not been apologized.” However, “they would have also wanted to take this into account in the situation at the time,” he said. “If they apologize (to the victim, Choi) even after the judgment is sent, we are willing to make sure that they receive the price for the apology that we can take. have. I think that’s a restorative justice.”

The Yakchon Ogeori murder case was also the subject of the 2017 movie “Retrial” and the recently aired SBS drama “Fly and Gae Cheon Yong”. The incident began when Choi, who was 15 years old, saw A (42), a taxi driver who was stabbed by a weapon while driving a motorcycle near Yakchon 5-Fork in Iksan City, Jeollabuk-do around 2 am on August 19, 2000. Choi actively cooperated with the investigation, stating that “I saw two men running in the field”, but the police tortured him as the first witness and pointed him as the culprit.

Choi, who was driven as a criminal, was sentenced to 15 years in prison for the first instance. Choi did not appeal after being commuted to 10 years in prison in the second trial. After serving 10 years, he was released for maturity in 2010. In 2003, when Choi was in jail, the police caught the real criminal by acquiring information that the real criminal was separate, but the prosecution was not charged because there was no direct evidence.

The case was almost buried, but after Park’s persuasion, Choi filed for a retrial to the 2013 Gwangju High Court. The court admitted that he was not guilty, saying, “Mr. Choi was arrested and imprisoned illegally.” Immediately after the sentence for retrial, the prosecutors arrested Kim, who was designated by the police as a new suspect at the time, and charged him with arrest in 2003. The Supreme Court sentenced Jinbeom Kim to 15 years in prison in 2018, and then confirmed a court judgment. In 18 years, Mr. Kim was able to pay the price.

Choi, who was not framed, filed a claim against the state in May 2017, and after three years and six months, the judgment of the court was heard. Hwang Sang-man, former head of the Gunsan Police Department, also attended the presiding judge on that day.

Detective Hwang said, “Today’s trial has found a person’s human rights and made them live a new life,” he said. “I hope this will not happen in the Republic of Korea.” Former detective chief Hwang Sang-man also appeared under his real name in dramas.

Reporter Park Hyun-joo [email protected]