Accused of Assault in Korea: What Actually Happens and What You Should Do

Being accused of assault in Korea can be a daunting experience, especially for foreigners. The Korean legal system has specific nuances regarding physical contact and settlements that differ significantly from other countries. This guide explains the process and the critical legal points you must understand.

1. What Counts as Assault in Korea?

In Korea, "Assault" (Pok-haeng) is defined very broadly. It refers to any exercise of illegal physical force against another person's body.

• Broad Interpretation: You do not need to cause an injury to be charged. Pushing, grabbing someone's collar, or even throwing water during an argument can constitute assault.

• Assault vs. Bodily Injury (Sang-hae): There is a critical legal distinction. If the victim suffers an injury that requires medical treatment (documented by a Medical Certificate), the charge may change from "Assault" to "Bodily Injury." Unlike simple assault, "Bodily Injury" cannot be dismissed solely through a settlement.

2. The Power of Settlement: "Non-punishability against Will"

Simple assault is a "Non-punishability against Will" crime (Ban-ui-sa-bul-beol-joe).

• Case Dismissal: If you reach a settlement and the victim submits a "Non-punishment Petition" stating they do not wish for you to be punished, the case is immediately closed, and the prosecution loses the right to charge you.

• The Importance of Timing: Reaching a settlement during the police investigation stage is the most effective way to prevent the case from being sent to the prosecutor.

3. Beware of "Special Assault" (Teuk-su Pok-haeng)

The legal situation becomes much more serious if certain factors are involved. Special Assault is NOT a "Non-punishability against Will" crime, meaning you can still be punished even if you settle with the victim.

• Dangerous Objects: Using or even just carrying a "dangerous object" (e.g., a glass bottle, a smartphone, or an umbrella) during the act.

• Group Force: If the assault is committed by a group or through the display of collective power.

4. Immigration and Visa Consequences

For foreigners, the criminal penalty is only half the battle. The impact on your status of stay is often more critical.

• Visa Risks: A criminal record or a fine (especially if it exceeds a certain amount, usually 3 million KRW or cumulative fines) can lead to the denial of visa extensions or even a departure order (deportation).

• The Goal (Suspension of Prosecution): In minor first-time cases, the best outcome is often a "Suspension of Prosecution" (Ki-so-yu-ye). This means the prosecutor acknowledges the crime but decides not to bring the case to court. This is much more favorable for your visa status than paying a fine (Summary Order).

5. What Happens After You Are Reported?

1. Police Investigation: You will be called to the station. The police will review CCTV, witness statements, and mobile phone records.

2. Initial Statement: Your first statement is crucial. Inconsistent stories can negatively affect your credibility later.

3. Prosecution Review: After the police investigation, the case is forwarded to the prosecutor, who decides whether to indict you, issue a summary fine, or suspend the prosecution.

6. Critical Action Steps

• Stay Calm and Seek Advice Early: Do not make impulsive statements to the police. Consulting with a legal professional early can help you determine if your case qualifies for dismissal through settlement.

• Do Not Contact the Victim Directly: Attempting to pressure a victim into a settlement can be viewed as intimidation or tampering with evidence. It is always safer to approach settlements through a legal representative.

• Document Everything: If you were acting in self-defense, gather any evidence (photos of your own injuries, witnesses) immediately. Note that "Self-Defense" is very narrowly defined in Korea.

Final Note

Even a minor scuffle can have long-term consequences on your life in Korea. Understanding the distinction between simple assault and injury, the power of a formal settlement, and the potential immigration risks is essential for a favorable resolution.

Contact for Consultation

If you need legal assistance regarding assault charges in Korea:

📞 Direct Line to Attorney : 010-2314-9122
💬 WhatsApp : +82-10-2314-9122
🟡 KakaoTalk Channel Chat: http://pf.kakao.com/_xjtixhX/chat

Consultation available in English.

Please briefly describe your situation when contacting.