What is 구속?

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…

Recent Defamation Acquittals (in South Korea)

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…

The Statute of Limitations for Tort Claims (under Korean Law)

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…

Example of Criminal Negligence (under Korean Law)

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…

The President’s Duty to Stay Neutral During Elections (in Korea)

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…

What is 준유사강간?

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…

Legal Age Laws in South Korea

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…

I want to sue my wife’s lover. All I know is his cellphone number…

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…

‘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…

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…

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…

‘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…