The perpetrator of the so-called "Busan roundhouse kick" assault has stirred controversy after filing a request with the court to use part of his prison commissary funds each month, even though he has effectively failed to pay the 100 million won in damages he owes the victim.
On Monday, the Busan District Court ruled in favor of the plaintiff in a 100 million won damages lawsuit filed last October by the victim, identified only by the surname Kim, against the perpetrator, surnamed Lee. Based on the ruling, Kim had planned to seize the commissary funds of Lee, who is currently incarcerated, to recover the damages.
Because inmates are provided food, clothing, and shelter through the national budget, their commissary funds can be subject to enforcement, excluding a certain range. The victim's side is also said to have repeatedly contacted the correctional facility after the ruling to check the balance of the commissary funds.
But actual recovery has proven difficult. The balance in Lee's commissary account was recently confirmed to be less than 1,000 won, making it virtually impossible to recover the damages through seizure.
Against this backdrop, Lee recently filed a request with the court to change the scope of the seizure-exempt claim. The request seeks to allow him to use about 100,000 to 150,000 won of his commissary funds each month, citing reasons such as hospital treatment costs and purchases of commissary items.
If the court grants the request, that amount would be excluded from seizure, reducing the sum the victim can recover.
The victim, Kim, has strongly objected. "The perpetrator has never once voluntarily paid the damages," he said. "The commissary balance has been around 850 won for months, so when will I ever get the 100 million won back?"
He further argued, "It is absurd to guarantee the perpetrator's use of commissary funds for his own convenience when I am not even receiving the damages I am rightfully owed."
Some in the legal community say the chances of Lee's request being accepted are not high.
Kim Se-hee, an attorney at The Kim Law Firm, told Yonhap News, "Under the Act on the Execution of Sentences and the Treatment of Inmates, inmates are provided with basic food, clothing, and shelter by the state." She added, "When additional costs such as treatment at outside medical institutions are needed, a procedure already exists allowing inmates to use commissary funds after explaining the relevant reasons and obtaining the court's permission."
She also said, "Comprehensively guaranteeing the use of a certain amount each month could effectively make it difficult for the victim, as creditor, to recover the claim." She added, "If the inmate, as debtor, is allowed to use commissary funds without particular restrictions, the creditor's legal position could become unstable, so it would not be easy to recognize the legitimacy of the request."
Lee is the perpetrator of the so-called "Busan roundhouse kick" case, in which he indiscriminately assaulted a woman in her 20s who was heading home in Seomyeon, Busan, in 2022, causing serious injuries. He has been sentenced to a heavy prison term and is currently serving time. While the victim won the civil lawsuit, recovering the actual damages remains an ongoing struggle.
