A 67-year-old man surnamed Won has been sentenced to 12 years in prison by the Seoul Southern District Court (Criminal Division 15, Judge Yang Hwan-seung) for…
UPDATE/TLDR: In a nutshell, the age of consent in South Korea is 16 (only) if the partner/perpetrator is an adult (i.e. someone aged 19 and above).…
… if your relationship (with that married person) is later found to have been the primary contributing factor behind ruining their marriage. And “costly” in that…
Normally translated as “detention” or (simply) “arrest,” 구속 is a sort of “prolonged arrest” that is only found in Korean and Japanese criminal procedure. (The problem…
Below are recent defamation cases reported here in South Korea. In Korea, defamation is a crime, and truth alone is not a defense. I. Professor Park…
First of all, what is tort? Tort is when someone has wronged you illegally, and you can/want to sue him/her. Tort is civil law (as opposed…
I. Intro “Criminal negligence” is when you face criminal liability for an act not based on intent. In short, crimes based on clumsiness or lack of…
Bill Maher recently interviewed President Obama. (The interview took place a few days before Election Day.) During one part of the interview, President Obama explains to…
This crime can be translated as “Quasi Like-Rape.” “Quasi” means the victim was (already) incapacitated/asleep, and the perpetrator took advantage of that. “Like-Rape” refers to forcible…
In Korea, the age of majority is 19 (int’l age, not Korean age). You’re an adult once you turn 19. In law, this means you can…
Ever since adultery was decriminalized in Korea, people have had to become self-reliant in obtaining personal information about their spouse’s lover. Before, the police could simply…
Recently, the Constitutional Court of Korea found the minor offense/crime “overexposure” (aka “too much exposure”) as unconstitutional. “Overexposure” is no longer illegal or a crime! Under…
What it is: You could say it is how a sitting President is “fired.” Below is the two-step process by which an incumbent President (in Korea)…
Q: What does it mean to be a lawyer? (Literally.) A: It basically means you can represent another person in court. Under Korean civil law, however,…
If you ever become a suspect in South Korea and the authorities have you under custody, you will be interrogated either by a police officer or…
Appeals exist because judges are not infallible. In Korea, a case may be heard (normally) a max of 3 times: Trial Court (제1심) –> Appellate Court (항소심)…
Last month, the Seoul Central District Court acquitted a woman of raping her husband. Case number: 2015고합968. The facts: Her husband wanted a divorce but she didn’t. So…
In Korea, “mistake of law” does not mean: “That’s illegal here? I did not know that. Oops, my bad!” Rather, it means: “I, in good faith,…
A: When it is malicious. Let me try to explain. In South Korea, defamation is a crime, and truth (alone) is not a defense. This means…
[Example Situation] In 1973, Mr. Lee marries Ms. Cho. They have 3 kids together, but the marriage is not a happy one. In 1984, Mr. Lee…
The possession of firearms is generally forbidden in South Korea. The law specifically lists people who are allowed possession. They are: 1) Soldiers, Law enforcement officers, Secret…
Consent is usually required. Consider these two recent cases. 1) The Seoul Central District Court ordered a man to pay (each plaintiff) KRW 300,000 for having…
I found this at the Supreme Prosecutors’ Office ROK website. You can download a PDF file. So the latest figures available were for 2014. The numbers…
[Example Situation] Norman is in a relationship with Mary. They like each other very much, but Norman’s mother hates Mary. One day, Mary and Norman’s mother get…
Example Crime: Rape (victim is an adult) STEP 1: Identify the governing/applicable (criminal) law. Article 297 of the Criminal Act (형법) says, “A person who, by means…
A: When it is referred to as “벌금” (in Korean). When referred to as “과태료” or “범칙금,” the fine is not a criminal fine. So, unlike…
The Korean Civil Act (민법) outlines 5 types of wills: I. Will by Holograph Document – Entire document must be handwritten by the testator him/herself. – Must…
The Constitutional Court of Korea recently ruled as such. In Korean litigation, the loser is required to reimburse the winner’s legal expenses. CIVIL PROCEDURE ACT (민사소송법)…
If a person still can’t/won’t pay via installment plans, the only option is to do manual labor. For how long depends on the amount. See above.…
In the episode “Shell Game” of American TV show Forensic Files, a woman was sentenced to 8 years in prison for providing her sons with a…
In (Korean) rape cases where no (real) outward/objective evidence of coercion is presented, (past) text message exchanges (between accuser and accused) can play an important role in determining…
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