1. The Client's Crisis

The client, then an upper-grade elementary school student, had been repeatedly assaulted and sexually abused by perpetrators who were seniors, juniors, and classmates at the same school. The abuse took place in places beyond the eyes of adults, such as playgrounds, academies, and elevators, and the perpetrators' methods became increasingly brazen.

It did not stop at physical assault. The perpetrators repeatedly forcefully touched the client's body and committed acts that caused sexual humiliation, even forcing the client to watch thumbnails of obscene videos, thereby engaging in conduct amounting to sexual abuse. Obscene insults and sexually harassing remarks targeting the client's family also continued.

As a result of prolonged harm, the client refused to attend school and reached a state where daily life was difficult. The client's father, who belatedly learned that his son had suffered alone for a long time, came to Law Firm Jonjae.

2. Key Issues

The biggest difficulty in this case was that the perpetrators were juvenile offenders between the ages of 10 and under 14. Because juvenile offenders are not subject to criminal punishment, the only legal response was to have them transferred to the juvenile division so that protective dispositions could be imposed under the Juvenile Act.

However, because the abusive conduct took place over about one year, involved multiple perpetrators, and was intertwined with assault, injury, and forcible indecency, it was necessary to organize and prove the individual criminal acts by time, place, and conduct. Since the victim was an elementary school student, securing specificity and consistency in the statement was also an important task.

In addition, only by objectively proving not only physical injury but also the seriousness of the psychological harm could we secure a severe protective disposition against the juvenile perpetrators.

3. Jonjae's Strategy

Attorney-in-chief No Jong-eon, Attorney Moon Jeong-ung, and Attorney Oh Do-gyeong characterized this case not as a simple school bullying matter, but as a child sex crime and injury case, and carried out a legal response commensurate with that characterization.

First, when filing a criminal complaint with the police on charges of injury and forcible indecency, we prepared and submitted a criminal event table that organized the abusive acts in chronological order. By structuring each perpetrator's acts, dates and times, locations, and methods in a table, we made it easier for the investigative authorities to identify the charges.

When preparing the victim's statement, counsel was present on two occasions to help the elementary school-aged client give a detailed account of the damage without fear. This was because securing specificity and consistency in the victim's statement was key at the investigation stage.

We also focused on securing objective evidence. We submitted as evidence video screenshots showing one perpetrator assaulting the client, along with photos of the client's injuries, to support the statement. At the same time, we demonstrated through medical records and counseling notes that the client's physical and psychological harm was caused by the perpetrators' conduct, so that the court could recognize the seriousness of the damage.

Given that the perpetrators were juvenile offenders, we emphasized that their conduct was not mere mischief but a planned and malicious sex crime, and we made arguments requesting referral to the juvenile division under the Juvenile Act and a severe protective disposition. We submitted a notice of appointment of a victim representative to the competent family court, thereby securing legal standing to protect the client's rights throughout the juvenile protection proceedings.

Law Firm Jonjae's dedicated family and juvenile case team, drawing on the trial experience of its managing attorney, a former chief judge of a family court, precisely understands what evidence a victim representative should submit in juvenile protection cases and in what manner in order to have a real impact on the court's decision.

4. Results and Recovery

The juvenile perpetrators were transferred to the juvenile division of the competent family court after police investigation. The criminal event table systematically organized by Law Firm Jonjae, objective video evidence, and the victim's specific and consistent statement played a decisive role in the investigative authorities' decision.

The elementary school client, who had suffered alone, was able through legal proceedings to have the harm recognized, and the process of holding the perpetrators legally accountable began. Law Firm Jonjae is currently continuing to protect the client's rights as a victim representative in the juvenile protection trial as well.

If you are wondering how to respond in a similar situation, we recommend consulting a professional, as the outcome may vary depending on the specific facts of the case.

Attorneys in charge: Attorney No Jong-eon · Attorney Moon Jeong-ung · Attorney Oh Do-gyeong

To protect confidentiality, this case has been partially de-identified within a range that does not compromise the essence of the matter.