‘Overexposure’ Finally Found Unconstitutional (in Korea)!

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…

Presidential Impeachment Process in South Korea: The Gist

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)…

Forms of Legal Representation (under Korean Civil Law)

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,…

Being Interrogated by the Police/Prosecution (in Korea)

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…

How Courts Generally Work in South Korea: Appeals Especially

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)…

How Rape is (Still) Determined in South Korea…

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…

The ‘Mistake of Law’ Defense (under Korean Law)

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,…

When is an Online Review Defamatory (in South Korea)?

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…

Recent Divorce Cases 4

[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…

South Korea’s Gun Laws (in a Nutshell)

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…

Taking Photos of People in Public Places (in Korea)

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…

김영란법: A Quick Overview

부정청탁 및 금품등 수수의 금지에 관한 법률 (aka 김영란법) is an unprecedented anti-corruption law (in South Korea) that will come into force on September 28, 2016. What you need…

Rate of False Accusation in South Korea (2014)

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…

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…