‘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…

Criminal Defenses under Korean Law: An Overview

In Korea, it is always the prosecution who bears the burden of proof. The prosecution has to not only prove each and every element of a…

Recent Defamation Cases 3

Recently here in South Korea, a professional baseball player and his former girlfriend were both found guilty of defamation by the Suwon District Court. (Defamation is…

Definition of ‘Prostitution’ in South Korea

Recently here in South Korea, the Supreme Court reversed and remanded an appellate court decision which had found an actress guilty of prostitution. The trial and…

Gambling under Korean Law

[Example Situation] Mr. Kim (age 50, Suwonite) invites five of his neighbors come and play poker. Money/betting is involved, but only KRW 500 – 3000 (USD…

Self-Defense Law Update 2: The Braindead Burglar Case

[Example Situation] Changsoo (age 19, male) currently resides alone on the 2nd floor of a small apartment in Wonju, South Korea. One night, he’s out drinking…

Example of Unlawful Arrest in South Korea

[Example Situation] Mr. Kim (age 45) and his girlfriend live together. He is sometimes abusive towards her. One night, the police receive a call from his…

The Jury System in Korea: The Sangju Pesticide-Cider Case

[Example Situation] Mrs. Park (age 82) lives in Sangju, a rural city in South Korea. She often likes to play go-stop, a Korean card game, with her…

Self-Defense Law Update: The Gongneung-dong Murder Case

[Example Situation] It’s 5:00 a.m., and Ms. Park (age 33) is sound asleep at home where she lives with her fiancé, Mr. Yang (age 36). Mr.…

In Korea, the age of consent is 13. Well, sort of…

[Example Situation] Mr. Cho (married but separated; age 42) is the head of a small talent agency in Seoul. Right now, his son (age 13) is recovering in…

Criminal Insult in South Korea

[Example Situation] Denise and Patty attend the same church here in Korea. Denise recently heard (from someone) that Patty has been badmouthing her behind her back.…

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.…