Recent Defamation Cases 2

[Example Situation] Samuel and Sally have been dating for some time (here in Korea). But right now, Samuel wants to break up with Sally because he…

Drivers vs. Cyclists: Driver’s Liability under Korean Law

[Example Situation] A Seoul public transit bus is fast approaching a crosswalk. Even though the traffic light is red (for the bus), the bus driver knows…

Korean Law Regarding Sexual Groping: An Overview

I. Understanding the Key Terms In Korea, you may have heard of the term “indecent act” (추행). It basically refers to the crime of “(sexual) groping”…

Cyclists vs. Pedestrians: Cyclist’s Liability under Korean Law

[Example Situation] On the weekend, Lisa likes to ride her bicycle near the Han River. There is a bicycle path there, and she feels relatively safe.…

Taking Sexually Explicit Photos of Another Person (in Korea)

[Example Situation] In Seoul, a man goes about secretly taking pictures of women’s legs. He does so using his smartphone, only in public places. He targets…

Recent Defamation Cases 1

[Example Situation] In 2012, Mr. Kim (40s, Seoulite) undergoes surgery at a plastic surgery clinic to get rid of his double eyelids. The procedure involves making…

South Korea: How Cyber Defamation Can Land You in Jail

On the day of the Sewol Ferry Disaster last year, a 30-year-old man (here in Korea) decided to fabricate a series of text message exchanges. The exchanges…

Adultery No Longer a Crime (in Korea)!

Today, the law criminalizing adultery (i.e., Article 241 of the Criminal Act) was found “unconstitutional” by the Constitutional Court of Korea. As a result of this…

‘Indecent Act’ as Defined by the Supreme Court of Korea

[Example Situation] Vivian (age 54) is an employee at a laundry factory in Gangwon Province. Mr. Seo (age 61) is Vivian’s supervisor. One evening after work, Vivian is told to deliver some items…

Yes, You Can End Up in Jail for Defamation (in Korea)

[Example Situation] Mr. Yoon (age 70) is furious that his (ex) son-in-law, Daniel (Job: Dentist in Seoul), has recently divorced his only daughter. Mr. Yoon is fully intent on…

Test Your Knowledge of DUI Law (in Korea)

In Korea, the legal threshold for “drunk driving” is a BAC of 0.05 or above. This is normally attained after 2-3 shots of soju or 2-3 bottles of beer.…

Types of Parking Violations (in Korea)

Above is what a (motor vehicle) parking ticket/citation looks like in Korea. Interestingly, Korean parking tickets kindly outline the 12 possible stop/parking violations subject to an administrative fine…

Divorce Law in Korea

[Example Situation] Mr. and Mrs. Yoon have been married for over 10 years. They have a daughter in elementary school. One fateful day, Mrs. Yoon stumbles…

Is it Legal to Secretly Record a Conversation (in Korea)?

In Korea, it is legal to secretly record a conversation if you yourself are a party to it. Otherwise, it’s illegal (and a crime). The pertaining…

What to do after a Car Accident (in Korea)

[Example Situation] Jason has bought a new car, and he is driving it for the first time in Korea. Today, he is exploring the immediate neighborhood. While exiting an alley,…

[STORY] Seo Ji-won

Seo Ji-won was a beloved Korean singer (male/solo artist) from the mid 90s. Seo’s first album came out in October 1994. Above was his debut song “Another…

Your Guide to Self-Defense (in Korea)

[Example Situation] John lives alone on the 3rd floor of a small one-room (Korean) villa / apartment. Today is a weekday, but he’s called in sick. Before having…

Crimes of Larceny under Korean Law

“Larceny” is a ten-dollar word. It means “theft.” Let me talk briefly about “Crimes of Larceny” (절도의 죄) under Korean law. In 2012, there were 293,074 reported cases of…

Criminal Records under Korean Law

Sample Criminal Record Above is what a Korean “criminal record” (범죄경력자료) looks like (when requested by the police). Do not worry; it is a made-up record of a fictitious…

Bicycle Law in Korea

I recently read in the news that a total of 126 people died (2009-2012) as a result of bicycle-related traffic accidents just in Seoul, Korea. There were almost…

Prenups under Korean Law

True or false? “There is such thing as a ‘prenuptial agreement’ under Korean law.” The statement is true. But, the question itself is a trick question (sorry). Let me tell…

‘De Facto Marriage’ under Korean Law

[Seoul Family Court: Decision of July 19, 2013, 2012Neuhap144, A “Property Division” Case] I. Main Characters: Yin & Yang (Note: Fictitious names) 1. Mr. Yin: Korean, male, age 75,…

Disposition of Non-Indictment (under Korean Law)

Let’s say you know a crime has been committed (in Korea). You can take action by: 1) Filing a criminal complaint (고소): If you are the…

Congratulatory Money in Korean Weddings

When attending a wedding in Korea, it is customary to prepare/give money as gift. This is called “congratulatory money” (축의금). Usually, such money is prepared in…

Personality Rights under Korean Law

In Korea, it is generally understood that Articles 10 and 17 of the Korean Constitution (대한민국헌법) guarantee an individual’s so-called personality rights (초상권). Article 10 deals with “the…

Crosswalks and Pedestrian Safety (in Korea)

Pedestrian Crossing Signals (보행신호등) In Korea, pedestrian crossing signals usually go like this: Red → Green → Green (flashing) → Red. Of course, red means, “Do…

The Crime of ‘Instigating Abortion’ in South Korea

The Crime of “Abortion” (and Other Related Crimes) Jisun is faced with an unplanned pregnancy. Her longtime boyfriend Jinho is the father. Unsure of how Jinho will respond, she informs him via text message. Jinho’s heart…

Korean Law on Murder

Earlier this month, a man was found stabbed to death at a noraebang near Konkuk University (Subway) Station, an area regarded as one of Seoul’s top nightlife destinations. All this instantly became…

Crimes Against Reputation (in South Korea)

Earlier this year, a man in Korea was indicted for defamation and other crimes after he posted explicit images of his one-night stand online. This particular case stood out…

Korean Law on Rape

In Korea, criminal law can be tricky and confusing because several different laws come into play simultaneously. Korea’s rape laws are a good example. There are basically three types of rape crimes.…

Drunk Driving in Korea

Driving with a blood alcohol content (BAC) of 0.05% or higher constitutes drunk driving in Korea. It takes around three shots of soju for an adult to attain a BAC of…