Case Type: Negligent Infliction of Injury (Representation of the Victim) 

Result: Forwarded to the Prosecution with a Recommendation for Indictment 

Case Details: 

1. Case Overview and Injuries Sustained by the Client 

Late at night at a bar, the client was spending time with acquaintances when a patron at an adjacent table suddenly attempted a handstand in a narrow aisle, lost balance, and struck the client’s hand with significant force. As a result of this accident, the client suffered a ruptured thumb ligament that required emergency surgical intervention and was diagnosed with a bodily injury requiring more than six weeks of medical treatment. Given that the client was a student majoring in a field that demands highly precise handwork, the physical and psychological impact was exceptionally severe. Although the perpetrator initially acknowledged fault and paid a portion of the medical expenses, they abruptly altered their stance and evaded liability once formal settlement discussions commenced, prompting the client to retain this attorney for legal recourse. 

2. Key Legal Issues and Supreme Court Precedents 

The core legal issue in this matter was whether the perpetrator could be held legally liable for "negligence (breach of the duty of care)" in an accident devoid of intent. For the crime of negligent infliction of injury to be established, there must be a negligent act, a resulting injury, and a proximate causal relationship between the two. The Supreme Court of Korea rules that the duty of care regarding negligence does not necessarily need to be grounded in statutory provisions but is sufficient if recognized under ordinary reason or common sense (Supreme Court Judgment 2006Do3493, rendered on May 31, 2007). Whether such a duty has been breached is evaluated from the perspective of an average ordinary person, based on whether the results were foreseeable (foreseeability) and whether they could have been avoided (avoidability) (Supreme Court Judgment 71Do623, rendered on May 24, 1971). Furthermore, the Supreme Court consistently maintains that even in activities carrying inherent risks, such as sports, the crime of negligent infliction of injury is constituted if the duty of care is signficiantly breached to an extent that deviates from acceptable social standards (see Supreme Court Judgment 2008Do6940, rendered on October 23, 2008). 

3. Legal Assistance Provided and Meticulous Defense Strategy 

This attorney submitted a comprehensive legal opinion to ensure that the investigative authorities would clearly recognize an act seemingly inappropriate from a common-sense standpoint as a distinct criminal offense under the law. First, it was established that foreseeability was present, as anyone could anticipate that attempting a handstand in a crowded, narrow aisle while intoxicated carries a high risk of losing balance and striking surrounding individuals. Second, avoidability was demonstrated by proving that the accident could have been entirely prevented without extra cost or effort had the perpetrator chosen a spacious, safe location or refrained from the reckless conduct. Additionally, it was clarified that the principle of "permissible risk," which serves as grounds for exemption, could not apply because the perpetrator's behavior was a matter of simple carelessness rather than a socially acceptable, useful activity. Furthermore, apology text messages and initial medical expense transfers sent by the perpetrator immediately after the accident were submitted as circumstantial evidence demonstrating their self-awareness of fault, and an analysis of the on-site CCTV footage objectively verified that the client bore no contributory negligence.

4. Case Outcome and Attorney's Recommendations 

The investigative authorities fully accepted the legal arguments and objective evidence presented by this attorney, rejected the perpetrator's defenses, and forwarded the case to the prosecution upon recognizing the criminal charges of negligent infliction of injury. While perpetrators frequently attempt to evade accountability in negligence cases by citing a lack of intent, legal liability can be thoroughly established by meticulously demonstrating a breach of the duty of care based on foreseeability and avoidability. If you have suffered injuries from an unexpected accident and require swift remedy for your rights, it is critical to respond systematically with the assistance of a legal expert from the initial stages of the case.

Case Inquiry: Attorney Min-hoo Kim