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Jipyong represents the Family of the Deceased in the ‘Junggok-dong Murder Case’ in Appeal of Claim for Damage Suit Filed Against the State and Obtains Remand after Reversal/ Quashing from the Supreme Court

2022.07.14

Jipyong Constitutional and Administrative Litigation Group conducted a public interest litigation to file a claim for state compensation on behalf of the bereaved family of the victim of a second conviction committed by a criminal who is obliged to wear an electronic anklet, and the case obtained remand after reversal from the Supreme Court. 
 
The Seoul High Court dismissed the Plaintiffs’ claims, saying that while admitting contributory negligence on the part of the officials in the investigation agency and the probation office, it was difficult to see that the mistake lacks objective justification.  
 
Jipyong charged appellate court and alleged the following claims for appeal: 1) misunderstanding of legal principles with regard to the determination of illegality of organized state action, 2) misunderstanding of legal principles with regard to the criteria for determining the obligation to monitor and prevent recidivism of those wearing electronic devices, and 
3) misunderstanding of legal principles with regard to the judgment of the investigation agency and the probation office. Jipyong thereby addressed the nature of the State's responsibility for compensation and emphasized the irrationality of systematic errors in the State's action to prevent recidivism in this case. Jipyong further criticized for error in the lower court decisions while clarifying the legislative purpose of the Electronic Device Attachment Act and the state's duty to monitor and prevent recidivism. Furthermore, by specifically analyzing domestic and foreign precedents that acknowledged state compensation liability, we demonstrated that the grounds for appeal are valid even in the light of existing legal principles. 
 
In response, the Supreme Court accepted the appeal. Although the lower court judged that it is not illegal because the performance of the police officers and probation officers merely lacked objective justification, there was a misunderstanding of the legal principles related to 'violation of laws and regulations,' which is a requirement for recognition of state compensation liability under the State Compensation Act and influenced the judgment as the Supreme Court admitted that there is a reason for the grounds of appeal. 
 
Consequently, this case is meaningful in that we were able to acknowledge the State's liability for compensation based on the illegality of its omission to fulfill duty to protect the people from crime. We are pleased to offer comfort to the bereaved families through our pro bono activities.

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