Coerced vs. Consensual Sex…
Q: Is “begrudgingly obliging” coerced or consensual? Strictly speaking, it would have to fall under consensual. Because what the court will ask is, “Was that your…
Family of Murder Victim Successfully Sue the Government for Police Blunder (in Korea)!
[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…
How to Find Out the Statute of Limitations (for a Crime under Korean Law)
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…
When is a FINE a CRIMINAL FINE (in Korea)?
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…
Types of Wills under Korean Law
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…
Do People End Up in Jail for Stalking (in Korea)?
A: Well, sort of… It’s possible if repeated threats were involved. The Ulsan District Court recently sentenced a man to 6 months in prison (no probation)…
‘Loser Pays’ Rule for Attorneys’ Fees is Constitutional (in Korea)!
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)…
What if I Can’t/Won’t Pay the Criminal Fine (벌금)?
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.…
Knowingly Corroborating a False Alibi (in Korea)
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…
Text Messages Can Make or Break a Rape Case (in Korea)
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…
Recent Insult Cases (in South Korea)
Publicly insulting another person without justification is a crime in South Korea. The perpetrator could face both criminal and civil liability. I. Recent Criminal Case The…
Sex Worker (in Korea) Ultimately Found Guilty of Prostitution…
In Korea, the Seoul Northern District Court recently found a woman sex worker guilty of prostitution. She received a criminal fine of 1 mil won. She…
The More Serious Rape-Related Crimes (under Korean Law)
If a rapist/groper (also) inflicts bodily injury to or kills the victim, the crime becomes more serious. The punishment becomes more severe. I. The Punishment for…
Car Accident Law in Korea: Giving Someone a Lift/Ride…
[Example Situation] One spring weekend, Boyfriend and Girlfriend decide to go see cherry blossoms together. They decide to go by (Boyfriend’s) car. Boyfriend is the driver,…
How Long Does a Lawsuit Take from Start to Finish (in Korea)?
Article 27(3) of the Korean Constitution guarantees an individual’s right to a speedy trial. But “speedy” is a relative concept. (Try not to put yourself into a…
Recent Divorce Cases 3
In Korea, there are essentially four (main) issues regarding divorce: 1) Can I unilaterally file for divorce? 2) How is “marital property” to be divided? 3) Can…
MOFA’s Travel Prohibition System
Right now, Koreans are prohibited from traveling to the following countries: Iraq, Yemen, Libya, Somalia, Afghanistan, Syria, and parts of the Philippines. This is because of the…
Korean Law on Hitting Jaywalkers
The Seoul Central District Court recently acquitted – via jury trial – a taxi driver of criminal negligence after he ran over (and killed) a jaywalker. In…
What is 폭행?
Pokhaeng is a crime akin to battery in American law. (Battery is the use of force against another, resulting in harmful or offensive contact.) I say “akin” because…
Korean Law on Rape: Understanding the ‘Lack of Consent’ Requirement
In all rape-related (criminal) cases, it is the prosecution who bears the burden of proving “lack of consent.” Because it’s up to the prosecution to prove…
Reporter Found Guilty of Reporting a Private Conversation Between Three People (in Korea)
The Supreme Court of Korea recently affirmed an appellate court decision which had found a reporter guilty of eavesdropping + secretly recording + reporting a private…
‘Statutory Rape’ under Korean Law
True or False: “In South Korea, having consensual sex with a 12-year-old is always a crime.” A: False. ‘Statutory rape’ here is not a strict liability crime.…
The ‘Publication’ Requirement for Criminal Insult (in Korea)
Publicly insulting another person (w/o justification) is a crime in South Korea. But what does “publicly” mean? To any 3rd party?? Here in Korea, the Uijeongbu District…
Korean Police Guidelines for Administering Sobriety Tests
Article 38 of the Police Guidelines for Traffic Enforcement Procedures (교통단속처리지침) is worthy of note. It outlines the procedures police officers are told to follow when…
Recent Divorce Cases 2
These are actually two remarriage-related cases from last month. The Seoul High Court ordered a divorcee to pay 5 mil won (as damages for psychological pain…
Liquidated Damages under Korean Law
In Korea, the Seoul Central District Court affirmed a lower court decision which had found a former trainee at Source Music liable for breach of contract. The former…
Consensual Sex with a Minor (in Korea)
In South Korea, if you have consensual sex with someone: [19 or older] –> it’s not a crime. [13-18] –> it’s not a crime unless you…
The Daegu Coed Kidnap-Murder Case (of 2010)
In Korea, the Supreme Court recently affirmed an appellate (civil) court decision which had found the government/police 30% responsible for the death of a female college…
The Serious Crime of ‘False Accusation’ (in Korea)
In Korea, “False Accusation” (무고) is a serious crime. If found guilty, you can/will end up in prison (no probation). Two women recently met with this…
Bill Maher Would be a Criminal in South Korea
In Korea, publicly insulting another person (w/o justification) is a crime. So the following type of comedic segment would not be possible here. Bill Maher: “Now…
Common Misconceptions about Korean Law on Rape
Below are some I encounter fairly on a regular basis. (Oh, the chart above is not a misconception. I just made it for ease of understanding.)…
‘Intent to Grope’ as Determined by the Supreme Court of Korea
The Supreme Court of Korea recently reversed and remanded an appellate court decision which had acquitted a man of groping. In the Court’s view, he was guilty.…
Recent Defamation Cases 4
In Korea, the Supreme Court recently affirmed an appellate court decision which had found a woman not guilty of defamation. She had impersonated her ex boyfriend’s…
Recent Divorce Cases 1
In Korea, not just any married person can ask (the court) for a divorce unilaterally. His/her spouse has to be (mainly) at fault for having ruined…
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