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Blogs CriminalPolice Request to Appear by Phone in Korea: What to Check Before a Suspect Interview
If you receive a call from the police asking you to appear for questioning, one of the first things to confirm is whether you are being contacted as a criminal suspect or as a witness or other person involved in the case. A police request to appear does not always arrive as a written notice. Under Korea’s current investigation rules, a written request is generally used, but a request may also be made by phone, text message, or another appropriate method where prompt contact is necessary or other circumstances justify doing so. The current rules took effect on July 1, 2026. Rather than ignoring the call or immediately discussing the substance of the case, it is important to first identify the case involved, your procedural status, the investigating officer, and the proposed interview schedule. Can the Police Ask You to Appear by Phone? Yes. A police request to appear may be made by phone or text message in certain circumstances. Article 200 of the Criminal Procedure Act provides the legal basis for requesting a criminal suspect to appear for questioning where necessary for an investigation. The specific method of requesting an appearance is governed by Article 19 of the Regulation on Mutual Cooperation Between Prosecutors and Judicial Police Officers and General Rules for Investigation. As a general rule, a written request stating the purpose of the appearance, including the substance of the suspected offense, should be sent. However, where prompt contact is required or other unavoidable circumstances exist, the request may instead be made by telephone, text message, or another appropriate method. Accordingly, a police call should not be disregarded simply because no written notice has been received. The more important first step is to identify which police station and officer are handling the matter, what case the request concerns, and in what capacity you are being asked to appear. Why Should You First Confirm Whether You Are a Suspect? Because your legal position and the purpose of the interview differ depending on whether you are a suspect or a person being questioned in connection with someone else’s case. A criminal suspect is a person who is under investigation for a suspected criminal offense. Article 200 of the Criminal Procedure Act governs requests for a suspect to appear for questioning. By contrast, Article 221 permits investigators to request the appearance of a person other than the suspect where his or her statement is necessary for an investigation. This may include a victim, witness, or another person connected to the case. The fact that both may receive a call asking them to come to a police station does not mean their procedural positions are the same. If you are being questioned as a suspect, the police may ask questions directly concerning the alleged offense, and statements made during the interview may become important evidence as the investigation proceeds. Before interrogating a suspect, investigators must also inform the suspect of certain rights, including the right to remain silent and the right to assistance of counsel, as provided under Article 244-3 of the Criminal Procedure Act. For this reason, if you receive a request to appear, it is generally advisable to first determine your procedural status and the nature of the case before giving a lengthy explanation of your position over the phone. What Should You Check When the Police Call? After confirming whether you are a suspect, you should identify the basic information necessary to understand and prepare for the investigation. You will not necessarily be given access over the phone to the complainant’s statements, evidence collected by investigators, or the complete investigation record. However, you should generally try to identify the basic circumstances of the request before simply agreeing to an interview date. What to Check Why It Matters Police station, division, and investigating officer Confirms the investigating authority and contact details Whether you are a suspect or another person involved Clarifies your procedural status Case or alleged offense involved Helps identify the subject of the investigation Date, time, and place of interview Allows you to prepare and coordinate your schedule Whether a written request has been or will be sent Allows you to review any information provided in writing If the call itself appears suspicious, you may verify the officer and department through the police station’s official contact information rather than relying solely on the telephone number provided by the caller. Can You Ask to Change the Interview Date? Yes. If you have a legitimate scheduling issue, you may ask the investigating officer to adjust the date and time. Article 19 of the investigation rules requires investigators to provide sufficient time when requesting a suspect’s appearance so as not to unnecessarily interfere with the suspect’s livelihood. The rules also provide for coordination of the interview date and place and, absent special circumstances, adjustment of the date where the suspect requests a postponement. Accordingly, if you cannot attend because of work, travel, or another legitimate reason, it is generally preferable to explain the situation to the investigating officer in advance and arrange another date. This should be distinguished from simply ignoring the request. Under Article 200-2 of the Criminal Procedure Act, where there are reasonable grounds to suspect that a person committed an offense and the suspect fails to comply with a request to appear without justifiable cause, or there is reason to believe the suspect will not comply, an arrest warrant may become an issue if the statutory requirements are otherwise met. This does not mean that missing a single requested appearance automatically results in arrest. The relevant circumstances and statutory requirements must be considered. What Should You Prepare Before a Police Interview as a Suspect? If you have confirmed that you are being investigated as a suspect, you should review the relevant facts and objective evidence before the interview. A useful starting point is to organize the events chronologically and distinguish between: the conduct or facts being questioned by the police; what actually happened and in what sequence; your role and actions; objective evidence such as contracts, bank records, transfers, emails, or messages; points on which the other party’s account differs from yours; and matters that may require further explanation. For example, if the case concerns money or a contractual relationship, relevant agreements, bank records, and payment records should be reviewed together. If messages or online communications are at issue, individual statements should generally be considered together with the surrounding conversation and context rather than in isolation. You should also avoid guessing when your memory is unclear or altering or deleting existing materials in an attempt to prepare for questioning. Under Article 243-2 of the Criminal Procedure Act, a suspect may request the participation of defense counsel during interrogation, and counsel must generally be permitted to participate unless there is good cause to restrict participation. The official English translation refers to Article 243-2 as “Defense Counsel’s Participation.” Where the allegations are disputed, the parties provide materially different accounts, or the case involves extensive documents or transaction records, reviewing the facts and key legal issues before the first interview can be particularly important. Frequently Asked Questions (FAQ) Q1. How can I verify that the person calling me is actually a police officer? You can contact the relevant police station through its official contact information and confirm the officer’s name and department. Particular caution is warranted if someone claiming to be an investigator asks you to install an application, transfer money, or take other unusual financial actions. Q2. What if the police will not explain the case in detail over the phone? You should not expect the complete investigation record or all evidence collected by investigators to be disclosed during an initial phone call. However, you may ask for basic information necessary to understand the request, including whether you are being contacted as a suspect and what case or alleged conduct the interview concerns. Q3. Do I need to explain my position on the case during the initial phone call? No. A call made to arrange your appearance does not ordinarily require you to provide a complete substantive statement about the case. If you are a suspect, it may be preferable to first understand the allegations and review the relevant records rather than giving an extended account based solely on memory before the formal interview. Q4. Can a lawyer accompany me to a police interview? Yes. A criminal suspect may request the participation of defense counsel during police questioning. Article 243-2 of the Criminal Procedure Act provides that, upon a qualifying request, defense counsel should be permitted to participate in the interrogation unless there is good cause otherwise. Preparing Before a Police Interview Can Be Critical A police request to appear may be made in writing or, in certain circumstances, by telephone or text message. If you receive such a request, first determine whether you are being investigated as a suspect, what case the request concerns, who the investigating officer is, and when and where the interview is scheduled. If you are a suspect, it is important to review the sequence of events and relevant evidence before the first interview and identify any factual or legal issues that may require careful explanation. Decent Law Firm assists clients in criminal investigations by reviewing the relevant facts and evidence, identifying key issues before police questioning, and providing legal representation during suspect interviews.
2026-09-01 -
Blogs Criminal
Traffic Accident Settlement Agreements: Why the Settlement Amount and Non-Punishment Statement Matter
1. Do You Always Need a Criminal Settlement with the Victim After a Traffic Accident? Not every traffic accident requires a separate criminal settlement with the victim. Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that, in principle, a driver cannot be prosecuted against the victim's express wishes for causing injury through occupational negligence or gross negligence in a traffic accident. Article 4 of the same Act also provides that, in principle, prosecution is barred where the vehicle is covered by qualifying insurance or a mutual aid program that meets certain requirements. As a result, for an ordinary traffic accident, depending on the type of accident and whether comprehensive insurance applies, the criminal process may be resolved through insurance handling without a separate criminal settlement. However, there is an important exception. If the accident involved a serious violation specified in the proviso to Article 3(2) — such as running a red light or crossing the centerline — or falls under another statutory exception such as fleeing the scene without taking necessary measures, prosecution may proceed even if the victim does not wish to see the driver punished. So before asking "do I need to settle with the victim?", a suspect should first check what type of case the investigation is treating this as. 2. Do You Still Need a Separate Settlement Even If Insurance Already Paid Compensation? Because compensation through an insurer and settlement in a criminal case serve different purposes, having gone through insurance processing does not automatically mean a criminal settlement is unnecessary. Auto insurance is primarily meant to compensate civil damages arising from the accident — medical expenses, lost income, and pain and suffering. A criminal settlement, by contrast, is the process in which, while criminal proceedings are ongoing, the suspect pays a separate sum to help the victim recover from the harm and confirms whether the victim wishes to forgo punishment. How Insurance Claims and a Criminal Settlement Differ Category Auto Insurance Claim Criminal Settlement Main Purpose Civil compensation for damages Recovery from harm in the criminal case Who Pays Insurer / mutual aid association The suspect or defendant Main Content Medical costs, lost income, pain and suffering, etc. Settlement amount, non-punishment statement, etc. Relationship to Criminal Proceedings For certain accidents, having insurance itself relates to the special prosecution bar May affect whether charges are filed or the sentence, depending on the type of accident What to Check Insurance coverage and scope of compensation Scope of settlement, nature of the settlement amount, non-punishment statement In particular, Article 4 of the Act on Special Cases Concerning the Settlement of Traffic Accidents carves out an exception to the prosecution bar for insured vehicles where the accident falls under the proviso to Article 3(2), or where the victim suffers a life-threatening injury or an incurable or intractable disease. So the mere fact that the insurer is already paying medical costs does not mean the response to the criminal case is complete. The cause and extent of the accident, together with whether insurance applies, should be reviewed together to determine whether a separate criminal settlement is needed. 3. What Should You Check in a Traffic Accident Settlement Agreement? For a traffic accident settlement agreement, what matters is not the template itself but making clear what accident the payment relates to, how much is being paid, and exactly what scope the parties have agreed on. Some people simply search online for a settlement agreement template and use it as is, but because the reasons a criminal settlement is needed and the insurance situation differ from case to case, using identical wording across cases may not be appropriate. First, the agreement should clearly identify which accident it concerns. It should record the date, time, and location of the accident and the parties involved, and if the case has already been reported to the police, information that can identify the case should be organized as well. Next, the settlement amount and the method of payment should be clearly specified. If the amount has already been paid, records such as bank transfer history that confirm payment should be kept; if payment is scheduled for later, a specific payment deadline should be set. Another important element is the character of the settlement amount. The Supreme Court has taken the position that, absent special circumstances, where a victim in a criminal case receives a settlement amount from the offender and agrees not to seek punishment, that amount is treated as part of the compensation for the victim's property damage. So if compensation through the insurer is proceeding separately, it is worth reviewing what purpose the criminal settlement amount serves and how the agreement addresses its relationship to civil compensation. Finally, what matters most for a suspect is whether the victim's non-punishment intent is actually confirmed. Simply stating that the parties "reached an amicable settlement" or that the victim "received the settlement amount" does not always make clear that the victim does not wish to see the suspect punished. 4. Why Do the Settlement Amount and the Non-Punishment Statement Matter? In a criminal settlement, the fact that a settlement amount was paid and the victim's intent not to seek punishment are separate issues, so it is important to address both together. The Settlement Amount Can Show Real Recovery from the Harm There is no fixed statutory amount for a criminal settlement based on the type of accident. The amount is negotiated between the parties based on individual circumstances, including the severity of the victim's injury, the length of treatment, how the accident occurred, and how much of the harm has already been recovered through insurance. The Supreme Court Sentencing Commission's current sentencing guidelines for traffic offenses also treat "non-punishment intent or substantial recovery from the harm" as a major mitigating factor. These guidelines were revised on March 30, 2026 and have been in effect since July 1, 2026. So if there is a possibility of criminal punishment for a traffic accident, it is worth preparing not only proof that a settlement amount was paid but also evidence of how much of the harm has actually been recovered. A Settlement Agreement and a Non-Punishment Statement Are Not the Same Document A settlement agreement is the document in which the suspect and the victim confirm the settlement amount and the terms of settlement. A non-punishment statement, on the other hand, is a separate document in which the victim clearly expresses that they do not wish to see the suspect punished — its purpose is different. Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents is based on the victim's "express intent." So the mere fact that the suspect transferred a settlement amount to the victim does not automatically establish that the victim does not wish to see the suspect punished. If the settlement agreement itself clearly states that the victim does not wish to see the suspect punished, it cannot be said that a separate non-punishment statement is always required for that intent to be validly expressed. Still, because it is important in criminal proceedings to clearly confirm the victim's intent, in practice it matters to record the terms of the settlement and the non-punishment intent through a reliable separate document, such as a non-punishment statement. Timing Matters for the Non-Punishment Statement In an offense where prosecution is barred if the victim objects, there is also a time limit on withdrawing the victim's wish for punishment. Under Article 232(1) and (3) of the Criminal Procedure Act, in a case where prosecution cannot proceed against the victim's express wishes, withdrawing the wish for punishment is possible only before the first-instance judgment is rendered. So in a case that has already gone from a police investigation to trial, rather than simply thinking "we can settle at some point," the current stage of the proceedings and the timing of any settlement should be considered together. 5. How Does the Effect of a Settlement Differ for the 12 Major Traffic Offenses or Cases Involving Serious Injury? Whether a case involves one of the 12 major traffic offenses or an ordinary traffic accident with serious injury can change the legal significance of a victim's settlement and non-punishment intent. First, if the accident falls under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents — such as running a red light, crossing the centerline, or violating a pedestrian's right of way at a crosswalk — the victim's wish not to see the driver punished does not have the effect of barring prosecution. In other words, settling with the victim in a case involving one of the 12 major traffic offenses does not automatically end the investigation or trial. That said, this does not mean a criminal settlement is meaningless. Because the current sentencing guidelines for traffic offenses treat non-punishment intent or substantial recovery from the harm as a positive sentencing factor, recovery from the harm and whether a settlement was reached can still be considered in determining the sentence. On the other hand, for an accident involving serious injury under Article 4(1)(2) of the Act, being covered by comprehensive insurance alone does not restrict prosecution. However, if the accident does not fall under the proviso to Article 3(2), the victim's express non-punishment intent regarding occupational-negligence injury and similar charges may still be a separate issue, so it should not be assumed that a serious-injury case will always continue regardless of settlement. Also, cases involving a fatality, fleeing the scene, drunk driving, or other charges under separate statutes may be governed by different rules. So a suspect should check their case in this order: type of accident → applicable charges → whether insurance applies → extent of harm → the effect of settlement and non-punishment intent. 6. Frequently Asked Questions (FAQ) Q1. Do I Still Need a Criminal Settlement If Comprehensive Insurance Is Already Covering All the Medical Costs? It depends on the type of accident. For an ordinary traffic accident, the special protection under comprehensive insurance may apply, but if the case falls under an exception such as one of the 12 major traffic offenses or a statutorily defined serious injury, having insurance alone may not resolve the criminal proceedings. So you should first check what charge the police are investigating, not just whether insurance is being processed. Q2. Do I Have to Pay Whatever Settlement Amount the Victim Demands? You are not legally required to pay exactly the amount the victim proposes. There is no fixed statutory amount for a criminal settlement in a traffic accident; the amount is negotiated between the parties based on the extent of the harm, the length of treatment, how the accident occurred, and how much has already been recovered through insurance. That said, in a case with a real possibility of criminal punishment, it is worth considering not just how large or small the amount is, but what recovering the harm through settlement actually means for the case. Q3. What Should I Do If the Victim Refuses to Settle? A victim cannot be forced to settle. If the victim does not respond to settlement, it is worth objectively organizing how much of the harm has been recovered through insurance and what efforts the suspect made toward a settlement. Because the outcome of a criminal case is not determined by settlement alone, other sentencing factors — how the accident occurred, the degree of negligence, the extent of harm, and any criminal record — should be prepared as well. 7. Summary and Key Takeaways Not every suspect in a traffic accident case needs a separate criminal settlement with the victim. But if a criminal settlement is needed, it matters more to check that the character and scope of the settlement amount and the victim's non-punishment intent are clearly confirmed than simply to use a generic settlement agreement template. In particular, in cases involving the 12 major traffic offenses, proceedings may continue even with a non-punishment statement, while in other types of traffic accidents the victim's express non-punishment intent can carry significant weight in whether charges are filed — so it is important to first identify which category the accident falls into. Decent Law Firm reviews the dashcam footage, the circumstances of the accident, the victim's medical records, and the status of insurance processing to assess the applicable charges and the need for a criminal settlement from a professional perspective. You can also work with attorneys experienced in numerous traffic accident settlements to review the settlement process, the settlement agreement and non-punishment statement, and the response needed at the police investigation and trial stages. If you are facing a police investigation, or are already discussing settlement with the victim, it is best to first check what legal significance a settlement actually has in your case, rather than deciding on the settlement amount first.
2026-08-28 Naver Blog -
Blogs Criminal
Voice Phishing Cash Collection Agent Penalties in Korea: What If You Thought It Was Just a Part-Time Job?
In voice phishing cases involving cash collection agents, criminal liability is not determined solely by the fact that the person received and delivered cash. The key issue is whether the person knew that their actions were being used as part of a criminal scheme—in other words, whether criminal intent and participation in the scheme can be established. Even if a person started the job after being told through a recruitment website that it involved debt collection or document delivery, criminal liability may arise depending on the recruitment process, communication methods, actual job duties, and the manner in which cash was collected and transferred. 1．What Is a Voice Phishing Cash Collection Agent? A cash collection agent generally refers to a person who receives cash from a voice phishing victim and delivers it to the criminal organization. Under the current Act on Special Cases Concerning the Prevention of Damage from Telecommunications-Based Financial Fraud and Refund for Damage, Article 2, telecommunications-based financial fraud includes not only schemes in which victims are induced to transfer money to an account, but also schemes in which funds are collected directly from victims. Accordingly, even if a person did not personally make fraudulent calls or send deceptive messages to the victim, criminal liability may still arise if that person participated in collecting and transferring the victim’s cash. Relevant Law Act on Special Cases Concerning the Prevention of Damage from Telecommunications-Based Financial Fraud and Refund for Damage, Article 2 2．Can You Be Punished Even If You Only Collected and Delivered Cash? Yes. If criminal intent and participation in the voice phishing scheme are established, a cash collection agent may be held criminally liable even if they did not personally deceive the victim. The Supreme Court of Korea has held that a cash collection agent does not need to know the entire method of the fraud or the full structure of the criminal organization. Criminal intent and participation may still be established if the person at least recognized that they were collecting victims’ cash as part of a coordinated criminal scheme. Conversely, if the person genuinely did not know that their conduct was being used for criminal activity, criminal intent may not be established. Therefore, investigators and courts do not rely solely on a statement such as “I did not know.” They examine the objective circumstances surrounding the work Relevant Case Supreme Court of Korea, December 12, 2024, Case No. 2024Do10141 3．How Do Courts Assess a Claim That “I Thought It Was Just a Part-Time Job”? Courts consider the recruitment process, actual job duties, and other surrounding circumstances to determine whether the person was aware that the work was connected to criminal activity. 🔹Key Factors in Determining Criminal Intent Factor What May Be Examined Recruitment process Whether there was a normal interview or identity verification process Contractual relationship Whether an employment or service agreement was properly executed Communication method Whether instructions were given only through anonymous services such as Telegram Actual duties Whether the person was instructed to collect large amounts of cash from strangers Interaction with victims Whether the person was instructed to impersonate an employee of a financial institution or another company Transfer method Whether the collected cash was divided and transferred through multiple transactions Frequency and amount Whether large amounts of cash were collected repeatedly Compensation Whether the payment was unusually high compared with the nature of the work Personal circumstances Whether age, work experience, and social experience made it possible to recognize that the work was unusual No single factor automatically establishes criminal intent. The Supreme Court considers multiple circumstances together, including the content and method of communications with the organization, how the person was recruited, how the cash was collected, what was said or done to the victim, the number and amount of collections, the transfer method, compensation, and the individual’s personal and professional background. 4．What Are the Penalties for a Voice Phishing Cash Collection Agent? A person found to have participated in voice phishing as a cash collection agent may face criminal penalties. Under Article 15-2 of the Act on Special Cases Concerning the Prevention of Damage from Telecommunications-Based Financial Fraud and Refund for Damage, a person who commits telecommunications-based financial fraud may be punished by imprisonment for at least one year or a fine equivalent to three to five times the criminal proceeds, or both imprisonment and a fine. However, the same charge or sentence does not apply automatically to every cash collection agent. The applicable offense and actual sentence may differ depending on when the conduct occurred, the person’s degree of participation, the number and amount of collections, their actual role, whether the victim was compensated or a settlement was reached, and the person’s criminal record. The Sentencing Guidelines for Fraud Offenses issued by the Sentencing Commission of the Supreme Court of Korea also take into account factors such as minor or passive participation, substantial recovery of damages, and prior criminal history. Relevant Law Act on Special Cases Concerning the Prevention of Damage from Telecommunications-Based Financial Fraud and Refund for Damage, Article 15-2 5．What Should You Prepare If You Are Under Police Investigation as a Cash Collection Agent? Before the first police interview, it is important to organize the circumstances of your involvement and preserve objective evidence showing what you understood the job to be. If the key issue is whether you knew the work was connected to voice phishing, the following materials should be reviewed: Recruitment advertisements, text messages, and other recruitment and hiring records KakaoTalk, Telegram, text messages, and other communications containing work instructions Records showing when and where cash was received and how it was transferred, including cash collection and transfer records Compensation records and company-search history showing why you believed the work was legitimate Do not delete relevant chat records or transaction records after an investigation has begun. Decent Law Firm reviews the circumstances of the client’s involvement and the likelihood that criminal intent may be found, and assists with the response strategy from the police investigation stage. 6. Frequently Asked Questions (FAQ) Q1. If I am a first-time offender, can a cash collection agent case end with only a fine? A first offense does not guarantee that the case will result only in a fine. The actual sentence depends on factors such as the degree of participation, amount of loss, number of offenses, recovery of damages, and prior criminal history. Q2. Can I be punished if I collected or delivered cash only once? Yes. Even a single act may result in criminal liability if criminal intent and participation in the scheme are established. However, the number and amount of collections are only some of the factors considered. The circumstances under which the person accepted the job and what they understood at the time must also be reviewed. Q3. Can I be treated as an accomplice even if I never met anyone from the voice phishing organization? Yes. The fact that you never personally met an organizer does not, by itself, exclude criminal participation. The Supreme Court has held that a coordinated criminal relationship may be established even without an express meeting or detailed agreement, including where the participants’ intentions were connected sequentially or implicitly. Q4. If I settle with the victim, will I avoid punishment? A settlement does not automatically terminate the criminal case. However, substantial recovery of damages or the victim’s request for leniency may be considered favorably during sentencing. Q5. Can I simply tell the police that I did not know it was voice phishing? Simply stating that you did not know may not be sufficient. The investigation may examine objective circumstances such as the recruitment process, communications, cash collection method, transfer method, compensation, and frequency of the transactions. 7. Summary and Key Considerations The central issue in a voice phishing cash collection case is whether the person knew that their conduct was being used as part of a criminal scheme. Even without detailed knowledge of the entire organization or fraud method, criminal liability may arise if implied awareness and participation are established. If you are facing a police investigation, the circumstances of the case and available evidence should be reviewed from the outset to determine whether criminal intent may be established and how the investigation should be handled. ※ The applicable law and potential criminal liability may vary depending on the date of the conduct and the specific facts of each case.
2026-08-27 -
Blogs Criminal
Revenge Driving Penalties in Korea: From Special Intimidation to License Suspension or Revocation
1. What Legally Counts as Revenge Driving? There is no separate criminal charge called "revenge driving." Instead, when a driver uses a vehicle to inflict injury, assault, intimidation, or property damage on a specific other party, it becomes a matter of the corresponding aggravated ("special") offense under the Criminal Act. Article 93(1)(10-2) of the Road Traffic Act also separately provides for license suspension or revocation where a driver, using a vehicle, has violated the Criminal Act's provisions on special injury, special assault, special intimidation, or special property damage. So determining whether revenge driving occurred is not simply about whether the driving was rough. For example, after becoming angry over another vehicle cutting in or honking, a driver might chase that vehicle and then: Cut in front of the other vehicle and brake suddenly Repeatedly block its path Drive in a way that pushes the other vehicle sideways Deliberately collide with the vehicle Block the vehicle so the driver cannot get out These kinds of actions may be reviewed as revenge-driving-related offenses depending on the specific driving method and circumstances. However, the mere fact that there was sudden braking or a lane change does not automatically make it revenge driving. It is necessary to examine together whether the driving was required by traffic conditions, whether the action targeted a specific driver, and whether it actually posed a threat to the other party. 2. When Is Revenge Driving More Likely to Be Established? Whether revenge driving is established is determined comprehensively based on the intent toward a specific counterpart, the danger of the driving conduct, and the sequence of events before and after the incident. 1) Did It Target a Specific Vehicle? If, after a dispute with another vehicle, the driver followed only that vehicle and repeatedly obstructed its path, whether the conduct was directed at a specific person becomes a key issue. Conversely, if a driver happened to brake suddenly in a traffic jam or changed lanes to avoid an obstacle, the same vehicle movement may be evaluated differently. 2) How Dangerous Was the Actual Driving? The following facts can serve as concrete evidence for this determination. Distance between vehicles Driving speed at the time Degree of sudden braking Number and interval of lane changes Number of lanes and traffic volume on the road Degree of collision risk Whether an actual contact or accident occurred Whether the other vehicle had to brake or swerve suddenly to avoid it The point that what matters is not the vehicle itself as a means, but how it was used, is also confirmed in Supreme Court rulings on "dangerous objects." 3) What Was the Situation Before and After the Incident? In revenge driving cases, an emotional response is sometimes triggered by a honk, high beams, or a lane change. Therefore, in addition to dashcam footage, audio, vehicle driving records, and nearby CCTV footage, if available, should be checked together to confirm the flow of events. 3. How Is Reckless Driving Different From Revenge Driving? The biggest difference is that reckless driving governs cases where a driver commits several dangerous driving acts under the Road Traffic Act in succession, or continues or repeats a single act, whereas revenge driving involves a vehicle-related crime directed at a specific counterpart. Comparing the two is as follows. Category Revenge Driving Reckless Driving Key issue Threats, assault, injury, or property damage directed at a specific counterpart Continuous, sustained, or repeated dangerous driving conduct Applicable law Special intimidation, special assault, special injury, special property damage, etc. under the Criminal Act Article 46-3 of the Road Traffic Act Specific counterpart An important factor in the determination Not necessarily required Number of acts Not determined by number alone Two or more consecutive acts, or one act that is sustained or repeated Penalty The relevant Criminal Act provision applies depending on the actual conduct Imprisonment of up to 1 year or a fine of up to KRW 5 million Reckless driving may be punished with imprisonment of up to one year or a fine of up to KRW 5 million under Article 151-2 of the Road Traffic Act. It is difficult to automatically rule out the possibility of revenge driving simply because the driving conduct occurred only once. Conversely, driving dangerously multiple times does not automatically make it revenge driving either, so it must be specifically confirmed against whom, with what intent, and in what manner the driving was carried out. 4. How Severely Can Revenge Driving Be Punished? Article 93 of the Road Traffic Act also specifies these four types of offenses committed using a vehicle as grounds for administrative action against a driver's license. If a Vehicle Was Used to Threaten: Special Intimidation If a vehicle is used to threaten the other party as if to cause harm, special intimidation may be reviewed. Special intimidation under Article 284 of the Criminal Act is punishable by imprisonment of up to 7 years or a fine of up to KRW 10 million. If a Vehicle Was Used to Assault: Special Assault If conduct using a vehicle is evaluated as assault against a person's body, special assault may become an issue. Article 261 of the Criminal Act provides that special assault is punishable by imprisonment of up to 5 years or a fine of up to KRW 10 million. If the Other Party Was Injured: Special Injury If the other party actually suffered injury as a result of revenge-driving conduct using a vehicle, special injury may be reviewed. Special injury under Article 258-2(1) of the Criminal Act is punishable by imprisonment of 1 to 10 years. Unlike special intimidation or special assault, a fine is not provided as an alternative penalty. If the Other Vehicle Was Damaged: Special Property Damage If the other vehicle was damaged by conduct such as deliberately ramming it, special property damage may become an issue. Article 369(1) of the Criminal Act provides that special property damage is punishable by imprisonment of up to 5 years or a fine of up to KRW 10 million. However, which charge actually applies in a given case is not determined simply by whether a collision occurred; the applicable charge may vary depending on the specific facts, including the vehicle's movement, whether there was an impact, the distance to the other party, and whether an injury occurred. 5. Can Revenge Driving Lead to License Suspension or Revocation? Yes. Revenge driving can also be subject to administrative action against a driver's license, separate from criminal punishment. Under the current Enforcement Rule of the Road Traffic Act, Attached Table 28 provides that 100 penalty points are imposed when a person is booked for revenge driving involving special injury or similar offenses under the Criminal Act using a vehicle. The same table also provides that a driver becomes subject to license suspension once their cumulative penalty points reach 40 or more, with points generally converted to days on a one-point-per-day basis. In addition, since a cumulative score of 121 points or more within one year can meet the criteria for license revocation, drivers who already have existing penalty points need to check their existing cumulative score together with the 100 points imposed for revenge driving. Meanwhile, where a person is detained for committing special injury, special assault, special intimidation, or special property damage using a vehicle, the Enforcement Rule also sets out separate criteria for license revocation. Therefore, one should not assume that "paying a fine is the end of the matter." Separate from the handling of the criminal case, it is necessary to check the administrative disposition of one's license based on current penalty points, whether criminal charges have been filed, and whether detention has occurred. 6. What Should You Do First If You're Reported for Revenge Driving? The first thing to do is preserve objective evidence that can establish the entire flow of driving at the time of the incident. 1) Preserve the Original Dashcam Footage Rather than cutting out only the portion where the dispute with the other party occurred, it is better to preserve the footage from before the incident through to its end. 2) Organize the Reasons for Sudden Braking or Lane Changes If there were driving-related reasons at the time, such as a traffic signal, braking by the vehicle ahead, a pedestrian or obstacle, or a merging section, these should be organized in detail. 3) Organize the Sequence of Events It is necessary to organize, in chronological order, everything from the point of the initial lane change or honking to the point when one's own driving conduct ended. 4) Secure Objective Evidence In addition to dashcam footage, it is good to check vehicle GPS data, nearby CCTV footage, passenger statements, and photos of vehicle damage, if available. 5) Distinguish the Charges and Facts Before the Police Investigation The facts and legal issues that need to be explained may differ depending on whether special intimidation, or special assault, special injury, or even special property damage is at issue. 7. Frequently Asked Questions (FAQ) Q1. Can a single sudden stop lead to a revenge driving conviction? A single sudden stop does not automatically amount to revenge driving, but the possibility of revenge driving is not necessarily ruled out simply because it happened only once. It is necessary to check whether the driver targeted the other vehicle, blocked it, and then braked suddenly in a situation with a high risk of collision, or whether the braking was necessary for traffic reasons. Q2. Can someone be punished for revenge driving even without colliding with the other vehicle? Yes, it is possible. Even without an actual collision, if conduct using a vehicle is evaluated as a threat against the other party, special intimidation may become an issue. Since special intimidation is not a crime that requires vehicle damage or injury as an essential element, it is necessary to specifically examine whether there was a threatening element, based on factors such as the distance between vehicles, speed, and the degree of sudden braking or blocking of the path. Q3. If a settlement is reached with the victim, does that mean the revenge driving case will not be punished? Reaching a settlement does not automatically mean that every revenge driving case will be closed. Even if a settlement is pursued, it is necessary to check the applicable charge, the extent of harm, and the stage of the investigation together. 8. Key Takeaways Even the same act of sudden braking or path obstruction can be evaluated differently under the law, depending on the driving conditions at the time, the intent toward the other party, and the degree of threat involved. In particular, dashcam footage and the flow of driving before and after the incident can be important evidence for determining whether revenge driving is established and which charge applies, so it is necessary to preserve the original footage. As this can involve not only criminal punishment but also suspension or revocation of a driver's license, it is important to specifically check what issues exist in your situation before the police investigation, so you should be sure to get help from an expert to gather the materials your case needs. Decent Law Firm, based on its experience resolving numerous revenge driving cases, reviews dashcam footage and the circumstances before and after the incident to organize the charges and issues that may actually apply. If you are facing a police investigation, we can also help you organize the reasons for your driving conduct and the circumstances at the time based on objective evidence, and, where necessary, we can help review your response at each stage of the investigation together, including settlement with the victim and submission of a written opinion.
2026-08-18 Naver Blog -
Blogs Criminal
How to File for a Stalking No-Contact Order: The Difference Between Emergency and Provisional Measures
1. When Can You Obtain a Stalking No-Contact Order? If the other party's conduct is likely to continue or recur and there is a need to protect the victim, a no-contact order may be considered. It is first necessary to distinguish between "stalking conduct" and "stalking crime" as defined under the Act on the Punishment of Stalking Crimes. The Act defines stalking conduct as approaching or following a person without their consent and without justifiable reason, waiting for or watching them at their home or workplace, or using telephone calls or information and communications networks in a way that causes anxiety or fear. When such stalking conduct is carried out continuously or repeatedly, it may constitute a stalking crime. A stalking crime is currently punishable by imprisonment for up to three years or a fine of up to 30 million won, and by imprisonment for up to five years or a fine of up to 50 million won if a dangerous weapon or object was carried or used. Therefore, when reviewing whether a no-contact order is warranted, the analysis goes beyond simply confirming that a conflict occurred between the two parties, and also considers factors such as the following: Whether the other party clearly refused contact or communication Whether contact or visits continued afterward Whether the other party waited for or followed the victim at their home, workplace, or school Whether repeated conduct caused anxiety or fear Whether there is a possibility of renewed contact even after a report was filed These and other circumstances are examined together. In particular, even without text messages or KakaoTalk messages, repeated phone call attempts alone can be problematic. 2. What's the Difference Between Emergency Measures and Provisional Measures? Emergency measures are actions the police can take in urgent situations, while provisional measures are protective measures decided by a court following a request from a prosecutor, among other procedures. Both are commonly referred to as a "stalking no-contact order," but the actual legal procedures and durations differ. Category Emergency Measures Provisional Measures Authority Judicial police officer Court Main Requirements Stalking conduct is likely to continue or recur, and urgent action is needed to prevent a crime Risk of recurrence of a stalking crime and the need to protect the victim Access Restriction No-contact order within 100m of the other party or their residence, etc. No-contact order within 100m of the victim, cohabitants, family members, or their residence, etc. Communication Restriction No-contact order via telecommunications No-contact order via telecommunications Duration Up to 1 month No-contact/communication restrictions generally up to 3 months Additional Measures - Electronic location tracking device, detention at a holding facility or detention center, etc., may be possible Under Article 4 of the Act on the Punishment of Stalking Crimes, a judicial police officer may take emergency measures, such as a no-contact order within 100 meters and a no-contact order via telecommunications, when there is a risk that stalking conduct will continue or recur and urgent action is needed to prevent a crime. An emergency measure may not exceed one month in duration. A provisional measure, on the other hand, is decided by a court. If the court finds it necessary to protect the victim, it may order not only a no-contact order within 100 meters and a no-contact order via telecommunications, but also, depending on the case, provisional measures such as attaching an electronic location tracking device or detention at a holding facility or detention center. The no-contact order, the no-contact order via telecommunications, and the electronic device attachment are generally limited to three months, but may each be extended twice, up to three months at a time, if necessary to protect the victim. 3. What Factors Are Considered When Deciding on a No-Contact Order? The key issue is how specifically the risk of the stalking crime recurring and the need to protect the victim can be confirmed. Under Article 8 of the Act on the Punishment of Stalking Crimes, if a prosecutor finds a risk that a stalking crime will recur, the prosecutor may request the court to issue a provisional measure, either on their own authority or upon request by a judicial police officer. For example, the following circumstances may be considered together. Repeated calls or texts continue even after contact is refused If contact continues through a different number or SNS account after one number was blocked, or if repeated call attempts occur, it is advisable to preserve the dates, frequency, and content of such contact. The other party keeps showing up at your home or workplace It is helpful to establish repeated conduct through the time and place of the visits, CCTV footage, dash cam footage, entry records, and witnesses. Contact is made through a third party Indirect approaches, such as asking a friend or family member to relay messages or deliver items, may also be reviewed depending on the facts, so it is advisable not to delete related conversation records. Ultimately, the need for a no-contact order is not determined by the number of contacts alone, but is reviewed comprehensively based on the nature of the conduct, its repetition, the victim's refusal of contact, the history of the relationship, actions taken after a report was filed, and the likelihood of recurrence. 4. What Happens If the Other Party Contacts or Approaches You After a No-Contact Order Is Issued? If the other party shows up again or makes contact through a prohibited method after a no-contact order has been issued, it is necessary to immediately secure related evidence and file a report. Failure to comply with a provisional measure's no-contact order within 100 meters or no-contact order via telecommunications may result in imprisonment for up to two years or a fine of up to 20 million won. Failure to comply with a court-approved emergency measure may also result in imprisonment for up to one year or a fine of up to 10 million won. Therefore, if the other party appears again after a no-contact order has been issued, rather than trying to resolve the situation by meeting them directly, it is important to keep records of the following: The date and time of the approach The location and the distance from the victim CCTV or dash cam footage Records of calls, texts, KakaoTalk messages, and SNS activity Contact made through a different number or account Contact made through a third party Records of police reports and dispatches Keeping such records is important. In addition, even after the term of an existing provisional measure has expired, it does not necessarily mean that protective measures can never be granted again. Courts have found that, where there is a recognized risk of recurrence and a need to protect the victim, a new provisional measure may be possible even if no new stalking crime has occurred since the prior provisional measure. 5. What Should You Prepare First If You Need a Stalking No-Contact Order? The first step is to organize the timeline of events from when the stalking began to the present, and to secure evidence showing the repetition and risk of recurrence. 1) Do not delete contact records It is advisable to preserve not only text messages, KakaoTalk messages, SNS DMs, and emails, but also missed calls and records of blocked calls. 2) Secure records of the other party's visits Check whether CCTV footage from shared entrances, commercial buildings, or the workplace, dash cam footage, and entry records can be obtained before they are deleted. 3) Organize records showing that you refused contact If there are records of communicating a wish such as "please stop contacting me" or "please stop coming here," organize them as well. However, it is best to avoid unnecessarily contacting or meeting the other party again simply to create evidence. 4) Prepare a chronological account of events For example, organizing events as follows makes it easier to show the pattern of repeated conduct and what happened after a report was filed: August 1: Request to stop contact August 3: 12 phone calls August 5: Visit to the workplace August 7: SNS message from a different account August 8: Police report filed 5) Review any existing reports or protective measures If there are prior 112 emergency call records or existing emergency or provisional measure decisions, it is necessary to organize separately whether any further contact or approaches occurred after those measures were issued. 6. Frequently Asked Questions (FAQ) Q1. Does filing a stalking report automatically result in a no-contact order? Filing a report alone does not automatically result in a no-contact order. An emergency measure requires a review of whether the stalking conduct is likely to continue or recur and whether urgent action is needed, while a provisional measure proceeds based on the risk of recurrence of the stalking crime and the need to protect the victim. Therefore, it is necessary to specifically present records of repeated contact or visits, evidence of refusal, and actions taken after the report was filed. Q2. If a no-contact order is issued, does that also prohibit phone calls and KakaoTalk messages? If a no-contact order via telecommunications is issued together with the order, contact by phone or through information and communications services may also be restricted. Since the law separately provides for a physical 100-meter no-contact order and a no-contact order via telecommunications, it is necessary to check which measures are actually included in the decision. Q3. Once the term of a no-contact order ends, are there no further options? The mere fact that the term has ended does not mean that all possibility of further protective measures disappears. If there continues to be a risk of recurrence of the stalking crime and a need to protect the victim, a new provisional measure may be considered depending on the specific circumstances. However, the term and any extensions of the prior decision, as well as subsequent conduct, must be reviewed together. 7. Summary and Key Points A stalking no-contact order is examined based not simply on a dispute over contact, but on the repetition of the conduct, the victim's refusal of contact, the anxiety or fear caused, the likelihood of recurrence, and the need to protect the victim. In urgent situations, the police's emergency measures may be at issue, and in cases where a stalking crime is likely to recur, the court's provisional measures may be at issue, so it is important to identify the procedure appropriate to the current situation. In particular, records of calls, messages, and visits, along with CCTV footage, from before and after a no-contact order should not be deleted and should be organized chronologically. Decent Law Firm reviews contact records, visit records, and the circumstances of the report in stalking cases to help identify the protective measures and criminal procedure issues that may currently apply. If a no-contact order is needed, or if the other party continues to make contact or approach you even after a measure has already been issued, we can review the necessary response for further reports and investigative procedures based on the relevant materials.
2026-08-14 Naver Blog -
Blogs Criminal
Settlement in 12 Major Traffic Violation Cases: Criminal Settlement and Insurance Compensation Explained
1. Which Accidents Qualify as One of the 12 Major Traffic Violations? The "12 major traffic violations" do not simply refer to accidents where the driver is judged to be seriously at fault. Under the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, they refer specifically to accidents in which a person is injured as a result of violating one of twelve enumerated traffic rules. In an ordinary traffic accident, the driver may be exempt from criminal prosecution under the special provisions if the victim does not wish to press charges, or if the driver is covered by a qualifying comprehensive insurance policy. However, in accidents involving one of the 12 major violations, investigation and prosecution can proceed even if the victim does not wish to press charges, and holding comprehensive insurance alone does not necessarily end the criminal process. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents provides that a person who causes injury through occupational negligence or gross negligence in a traffic accident may be punished by imprisonment for up to five years or a fine of up to KRW 20 million. The 12 Specific Categories of Major Violations Violation of traffic signals or instructions — whether the vehicle signal, a police officer's signal, or a no-passing/stop sign was violated Crossing the centerline — centerline crossing, or prohibited crossing, U-turns, or reversing Exceeding the speed limit by more than 20 km/h — the posted speed limit at the accident site versus the actual driving speed Improper overtaking or cutting in — whether the method, location, or timing of overtaking, or the prohibition on cutting in, was violated Improper railroad crossing procedure — whether the legally required stop-and-check procedure was followed Failure to protect pedestrians at a crosswalk — whether the pedestrian was crossing within the marked crosswalk Driving without a valid license — whether the license was suspended or revoked, or the driver lacked the license class required for the vehicle Driving under the influence of alcohol or drugs — blood alcohol level, whether normal driving was impaired, and the effect of any drugs Driving on the sidewalk — whether the vehicle entered or improperly crossed the sidewalk Failure to secure passengers before departure — whether doors were closed and other safety measures were taken before the vehicle moved Failure to exercise due care in a school zone — whether a child was injured within a designated school zone Failure to secure cargo — whether necessary measures were taken to prevent cargo from falling Formally falling within one of these categories does not automatically determine the outcome of a case. There must be a causal link between the specific violation and the victim's injury, which requires a detailed review of the actual signal status, the vehicles' positions, the point of impact, the speed limit, and the pedestrian's path of movement, among other factors. 2. How Do Criminal Settlement and Insurance Settlement Differ? The civil settlement handled by an insurance company and the criminal settlement a driver seeks directly from the victim are two separate processes. Payment of insurance proceeds does not, by itself, complete a criminal settlement, and conversely, reaching a criminal settlement does not necessarily resolve every civil damages issue the insurance company is responsible for. A civil settlement is intended to compensate the victim for the property and emotional damage caused by the accident. A criminal settlement, by contrast, carries the important additional meaning that the victim expresses a wish not to see the driver criminally punished, alongside compensation for the harm suffered. However, paying a criminal settlement amount does not always mean that amount is treated as entirely separate from civil damages. How the legal relationship develops afterward can depend on how the settlement agreement characterizes the payment and its relationship to civil damages and insurance claims. For this reason, the following points should be clearly confirmed when drafting a criminal settlement agreement. The legal character of the amount being paid Its relationship to the damages the victim will receive from the insurance company Whether additional civil claims will be permitted The scope of the victim's expressed wish not to see the driver punished Whether an additional claim will be possible if aftereffects develop later 3. What Determines the Amount of a Settlement in a 12-Major-Violation Case? There is no fixed schedule of amounts set by law for settlements in 12-major-violation cases. Rather than a uniform calculation, the amount must be negotiated by weighing the severity of the injury, the gravity of the accident, the risk of criminal punishment, and the actual extent of recovery achieved. The Severity of the Victim's Injury Whether the case involves a serious injury is treated as an important aggravating factor in traffic-accident-injury cases. The Degree of Illegality and Fault in the Accident Cases involving two or more overlapping major-violation grounds, or reckless driving, may be assessed as cases of "heightened illegality." Aftereffects and Loss of Income If the victim has been unable to work for an extended period, or has suffered a reduction in working capacity, the resulting damages can extend well beyond medical costs. The Victim's Own Fault If the victim's own conduct — such as running a red light, speeding, failing to wear safety equipment, or an unpredictable jaywalking crossing — contributed to the accident or increased the damage, this can be reflected in the calculation of civil damages. Whether Comprehensive and Driver's Insurance Are in Place If the driver holds comprehensive auto insurance, a substantial portion of the civil damages can be covered through that insurance. However, because holding comprehensive insurance alone is unlikely to secure the special exemption from criminal punishment in a 12-major-violation case, the need for a separate criminal settlement can still arise. The Risk of Criminal Punishment The importance of reaching a settlement increases where circumstances such as the following are present. The victim suffered a serious injury There are multiple victims Drunk driving or driving without a license is also at issue A child was injured in a school zone Two or more major violations overlap The driver has a prior record of similar traffic offenses The victim is requesting severe punishment 4. Does Reaching a Settlement with the Victim Guarantee Avoiding Criminal Punishment? Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents bars prosecution against the victim's express wishes in an ordinary traffic accident, but this special provision does not apply to accidents involving one of the 12 major violations. Accordingly, even if the victim submits a statement declining to press charges, the police investigation and the prosecutor's charging decision can still proceed. That said, a settlement can still have a significant effect on the severity of the criminal punishment imposed. The traffic-crime sentencing guidelines that took effect on July 1, 2026 list the following as mitigating factors in cases involving traffic-related injury or death. The victim's expressed wish against punishment Substantial recovery of the harm caused Meaningful recovery of the damage Holding comprehensive auto insurance Genuine remorse No prior record of criminal punishment Conversely, factors such as serious injury, a major violation involving heightened illegality, a prior record of similar offenses, or pressuring the victim during settlement negotiations can work against the driver. It is important to acknowledge the circumstances of the accident, offer a sincere apology, check on the victim's treatment and recovery, and objectively identify what harm remains uncompensated by insurance. 5. How Should You Prepare for a Settlement After a 12-Major-Violation Accident? If a 12-major-violation accident has occurred, the first step is not to propose a settlement amount, but to first organize the type of accident and the scope of the harm. Confirming Whether the 12-Major-Violation Provision Applies It is necessary to confirm whether the specific violation identified by the police is consistent with the actual accident record. [Evidence to Secure] The original dashcam footage from your vehicle Dashcam footage from nearby vehicles CCTV footage from intersections or nearby businesses Photographs of the accident scene The traffic signal cycle chart Vehicle speed data Navigation driving records The police-prepared traffic accident investigation report Witness contact information and statements In particular, whether a signal violation, a crosswalk accident, or centerline crossing occurred can turn on the exact point of impact and the vehicles' paths immediately before the collision. Confirming the Severity of the Victim's Injury The number of weeks of diagnosed recovery time alone does not determine the settlement amount. The following materials should be reviewed together. Medical certificates and injury diagnosis reports Surgical records Admission and discharge confirmations Future treatment plans The likelihood of lasting aftereffects Records of lost work or reduced income The treatment costs and settlement amounts already paid by the insurer If there are multiple victims, each victim's degree of injury and insurance treatment should be assessed separately. Also, if the victim declines to be contacted but is nonetheless repeatedly called, or family members or the workplace are contacted, this can be treated as secondary harm. The sentencing guidelines also treat persistently pressuring a victim, or hinting at disadvantages to them, during settlement negotiations as an unfavorable sentencing factor — so if the victim does not wish to be contacted directly, conveying your position through legal counsel is worth considering. 6. Frequently Asked Questions (FAQ) Q1. Is there a fixed settlement amount per week of diagnosed recovery time in 12-major-violation cases? There is no legal standard requiring a fixed amount per week of diagnosed recovery. The number of weeks is only one of several factors used to assess injury severity — surgery, length of hospitalization, aftereffects, the victim's occupation and income, the fault ratio, the insurance compensation already paid, and the risk of criminal punishment are all considered together. Q2. Do I still need a criminal settlement even if I have comprehensive auto insurance? In 12-major-violation cases, holding comprehensive insurance alone may not conclude the criminal process, so the need for a separate criminal settlement can still arise. That said, a criminal settlement is not always required in every case. It is necessary to comprehensively review whether the injury is minor, whether the harm has already been sufficiently recovered through insurance, whether the victim wants the driver punished, and whether the driver has a record of similar offenses. Q3. What should I do if the victim demands an excessive settlement amount? Rather than immediately accepting the demanded amount or reacting emotionally by refusing it, the basis for the figure should be reviewed. It is worth first examining the treatment costs and damages already paid by insurance, the severity of the injury, the likelihood of lasting aftereffects, the actual loss of income, and the likely criminal disposition in comparable cases. 7. Points to Keep in Mind There is no fixed market rate or standard formula tied to weeks of diagnosed recovery for settlements in 12-major-violation cases. The severity of the victim's injury, the likelihood of lasting aftereffects, the fault ratio, the insurance treatment history, the type of major violation involved, and the driver's prior record are the key factors that determine both the scope of settlement and the criminal outcome — and because the specific wording of the settlement agreement can determine whether the criminal settlement amount is treated as civil damages, or whether future claims are limited, the scope of the settlement should be confirmed before any payment is made or any signature given. Because a 12-major-violation accident requires reviewing the accident record, medical materials, and insurance treatment history together to determine the right course of action, anyone facing a police investigation or a settlement negotiation with a victim should first consult an attorney experienced in this area to review which major-violation category applies and the legal effect of the settlement agreement.
2026-08-10 Naver Blog -
Blogs Criminal
Elements of Special Assault: What You Must Know If You Want to Avoid Punishment [Must Read]
What Are the Legal Requirements for Special Assault? Special assault is defined under Article 261 of the Korean Criminal Act and carries harsher penalties than simple assault under Article 260. Existence of assault - the use of physical force against another person's body; this can be established even without direct physical contact or an injury result Carrying a dangerous object - what matters is not the shape of the object but how and in what situation it was used; even an everyday object can qualify Display of power by a group or crowd - the mere presence of two or more people at the scene is not enough; the group must have exercised enough force to be capable of overpowering the victim Because the elements of special assault focus less on the actual harm suffered and more on whether a dangerous object was carried or whether a group displayed force, simply arguing that there was no intent to use the object is often not enough to avoid the charge. What Is the Process From Investigation to Trial? Cases involving the elements of special assault typically proceed through the following stages. Filing a complaint or report - an investigation begins based on the victim's complaint or a witness report. Initial investigation - CCTV footage, dashcam recordings, and witness statements are collected at the scene. Suspect interrogation - the circumstances of the assault, whether an object was carried, and intent are examined. Referral to the prosecution - the case is transferred to the prosecutor's office based on the investigation results. Disposition decision - the prosecutor decides among a deferred indictment, summary indictment (fine), or formal indictment (trial). Trial proceedings - if formally indicted, the final sentence is determined in court. Special assault is a serious offense punishable by up to five years of imprisonment or a fine of up to 10 million KRW. Because it is not a crime that is automatically dismissed upon reaching a settlement with the victim, a settlement cannot by itself block prosecution — but it can significantly affect the final disposition, such as a deferred indictment or a fine, which is why an effective initial response strategy shapes the outcome of the entire case. A Real Case Involving Special Assault [Case We Handled] Mr. B, a man in his twenties, approached another person while holding a soju bottle during an argument at a drinking gathering, and was booked for special assault even though there was no direct physical contact. Mr. B argued that he "never intended to hurt anyone," but investigators determined that the soju bottle qualified as a "dangerous object." With the help of Decent Law Firm, he was able to demonstrate that the incident was accidental, actively submitted a settlement with the victim along with a plan to prevent reoffending, and ultimately received a deferred indictment. As this case shows, the outcome of a case involving the elements of special assault can vary greatly depending on how effectively the initial explanation and evidence are presented. The Role of Defense Counsel, and Why You Should Work With Decent Cases disputing the elements of special assault require the following professional responses. Legal review of whether an item qualifies as a "dangerous object" Gathering evidence to prove intent or the accidental nature of the incident Strategy for victim settlement and sentencing materials Based on its experience handling numerous assault and injury cases, Decent carefully analyzes each client's situation and builds a systematic defense strategy from the early stages of the investigation through trial. Whether a case meets the elements of special assault can only be properly contested when it is backed by accurate legal review and evidence response from the earliest stage of the case. If you have already been questioned or are facing an upcoming summons, we recommend consulting with defense counsel experienced in criminal cases rather than making the decision on your own. Decent will always work with you to find the best direction for your situation through prompt and accurate legal consultation.
2026-08-04 Naver Blog -
Blogs Criminal
Requirements for False Accusation (Mugo-jwe): Know Them to Prevent Unjust Harm
How Is the Crime of False Accusation Defined Under Korean Law? The requirements for the crime of false accusation are based on Article 156 of the Korean Criminal Act, and the offense is established when a person reports false facts to a public office or official for the purpose of causing another person to be subjected to criminal punishment or disciplinary action. The reported content must be false, differing from the objective facts The reporter must have been aware the report was false and intended for the other party to be punished The report must have been made to a state agency such as an investigative authority The false facts reported must themselves be capable of constituting a criminal offense or grounds for disciplinary action All four of these requirements must be met for the crime of false accusation to be established. Here, awareness need not be definite intent — conditional intent is sufficient — and as for purpose, merely being aware that the other party could be punished is enough; there is no need to actively wish for that outcome. Also, even if the reported facts are false, if they do not themselves constitute a criminal offense or grounds for disciplinary action, false accusation is not established, and the mere fact that a complaint ended in a non-prosecution decision does not automatically mean false accusation has occurred. However, if the reporter genuinely believed the report to be true, false accusation is not established. Here, "genuinely believing it to be true" means that, based on the objective facts known to the reporter, they were not even aware that the reported facts might be false or could be false. This does not apply to a case where the reporter was aware of the possibility of falsity but disregarded it, unconditionally believing their own claim to be correct. From Investigation to Trial: How Does the Process Unfold? Once a false accusation allegation arises, the process typically unfolds as follows. Recognition of the allegation or filing of a complaint - When the original case ends in a non-prosecution decision, the other party may file a counter-complaint, or the investigative authority may launch an ex officio investigation (note: this alone is not a requirement for establishing the offense) Summons for questioning - Securing statements on the circumstances and purpose of the original report Referral to the prosecution and determination of indictment - Reviewing whether the requirements for false accusation are met Trial proceedings - Final sentencing determined in court How the reporter's awareness and purpose at the time of the original report are explained has a decisive impact on the determination of whether the requirements for false accusation are met, so it is important to obtain legal assistance as soon as the allegation becomes known. A Real Case Involving False Accusation [A Case We Handled] Ms. B, a woman in her 40s, filed a complaint against her spouse for assault during divorce proceedings, but the case ended in a non-prosecution decision due to insufficient evidence. Her spouse then filed a counter-complaint for false accusation, and Ms. B visited Decent Law Firm seeking legal assistance. Decent actively demonstrated that there were circumstances at the time of the report that reasonably led Ms. B to believe she had actually been assaulted, and as a result, a determination was reached that the requirements for false accusation were not met. As this shows, because establishing the requirements for false accusation requires closely examining even the reporter's subjective awareness at the time of the report, the initial response can determine the outcome. The Role of Defense Counsel, and Why You Should Work With Decent Cases disputing the requirements for false accusation are an area requiring the following kind of specialized response. Precise analysis of the circumstances and supporting evidence behind the original report Legal defense concerning the determination of falsity and intent Securing the right to defense during questioning and establishing a sentencing strategy Based on our experience handling numerous false accusation cases, Decent closely analyzes each client's situation and carefully reviews whether the requirements for false accusation are met, establishing a systematic defense strategy from the early stages of investigation through trial. False accusation is a representative type of case in which the circumstances and purpose at the time of the report must be accurately explained. If you have already been questioned or are about to be summoned, we recommend consulting first with defense counsel experienced in criminal cases rather than making decisions on your own. Decent Law Firm will always provide prompt and accurate legal consultation to help you find the best direction for your situation.
2026-07-31 Naver Blog -
Blogs Criminal
Settling a Sexual Offense Case in Korea: What Victims Should Check Before Agreeing
This article explains how settlement amounts are determined in sexual offense cases in Korea, what to review in a settlement agreement and a Statement of Non-Punishment, and whether a victim may decline a settlement offer. Attorney in Charge | Hong Pureun Is a victim required to agree to a settlement? No. A victim of a sexual offense is not legally required to accept a settlement offer from the suspect or defendant. Even when the other party apologizes or offers compensation, the victim may decline the proposal. The victim may also request different terms if the proposed settlement does not adequately reflect the harm suffered. A victim does not have to respond immediately simply because a settlement request was made. Nor is the victim required to decide within a deadline unilaterally set by the other party. In particular, discussing the incident shortly after it occurred can be emotionally difficult. Direct calls or meetings with the accused may also create pressure and lead the victim to accept terms without sufficient review. The decision should therefore be made after considering the status of the criminal case, the extent of the harm, the attitude of the accused, and the specific settlement terms being offered. Does a settlement end the criminal case? Not necessarily. Reaching a private settlement does not automatically terminate a criminal investigation or trial in Korea. Under the Korean Sentencing Commission’s sentencing guidelines for sexual offenses, a victim’s expressed wish not to pursue punishment may constitute a special mitigating factor, while substantial recovery of damages may constitute a general mitigating factor, depending on the type of offense. Similar considerations appear in the sentencing guidelines for digital sexual offenses. However, a settlement or Statement of Non-Punishment does not automatically determine the outcome of the case or the sentence. Investigative authorities and courts may consider a range of circumstances, including the nature and seriousness of the offense, whether the conduct was repeated, the extent of the harm, the accused’s conduct after the offense, and the degree of actual recovery provided to the victim. Before signing any document, the victim should understand how the settlement agreement and the Statement of Non-Punishment may affect the criminal proceedings against the accused. How is a settlement amount determined? Korean law does not prescribe a fixed settlement amount for sexual offense cases. Even where the same criminal charge applies, the appropriate amount may differ depending on the conduct involved and the harm suffered by the victim. Relevant considerations may include: ▪️ The nature and seriousness of the offense ▪️ Whether the conduct occurred repeatedly ▪️ The physical and psychological harm suffered by the victim ▪️ Medical expenses, counseling fees, and other actual costs ▪️ Disruption to employment, education, or family relationships ▪️ The accused’s apology and efforts to repair the harm ▪️ Continued contact, intimidation, or other forms of secondary harm In cases involving unlawful filming or the distribution of intimate images, additional considerations may include how widely the material was shared, whether it has been deleted, and whether further distribution remains possible. A victim should therefore avoid relying solely on settlement figures found in other cases online. The assessment should also take into account the victim’s individual circumstances and the legal rights that may be waived under the proposed agreement. The wording of the settlement agreement may be as important as the amount A settlement in a sexual offense case should be reviewed not only for the amount offered but also for the conditions contained in the agreement. A settlement agreement commonly addresses: ▪️ The settlement amount and payment method ▪️ The payment deadline ▪️ Whether the victim will express a wish not to pursue punishment ▪️ Whether the victim will waive a future civil damages claim ▪️ Restrictions on future contact or access ▪️ Confidentiality obligations ▪️ Consequences of non-payment or other breaches Particular care is required when the agreement contains broad language such as: “The victim will not raise any further civil or criminal claims or objections in connection with this matter.” Depending on its wording and scope, this provision may affect not only the victim’s position in the criminal case but also the ability to pursue a later civil claim for damages. Further dissemination of intimate material or other previously unknown harm may be discovered after the settlement is signed. The agreement should therefore clearly state whether it covers only the harm currently known or also extends to future or additional harm. Are a settlement agreement and a Statement of Non-Punishment the same document? They are related, but they serve different purposes. A settlement agreement records the compensation amount, payment terms, and the parties’ future legal rights and obligations. A Statement of Non-Punishment—commonly referred to in Korean as a cheobeol bulwonseo (처벌불원서)—communicates to the police, prosecution, or court that the victim does not wish the accused to be punished. The settlement terms and the non-punishment statement may be included in a single document or prepared separately. A victim may also agree on financial compensation while reserving a separate position regarding punishment. The appropriate structure will depend on the circumstances of the case and the terms agreed by the parties. Receiving compensation does not, by itself, automatically mean that the victim has agreed not to seek punishment. The documents should clearly state exactly what the victim has agreed to and which rights, if any, are being waived. Should a Statement of Non-Punishment be submitted before payment is received? The accused or their representative may ask the victim to submit the Statement of Non-Punishment first, promising to transfer the settlement amount afterward. This arrangement may expose the victim to unnecessary risk. Once the statement has been submitted, the accused may delay payment or fail to pay the agreed amount, leaving the victim to pursue payment separately. Unless there is a specific reason to proceed otherwise, it is generally safer to arrange for payment and delivery of the relevant documents to occur simultaneously. Where the settlement amount will be paid in installments, the agreement should specify: ▪️ Each payment date and amount ▪️ The bank account and payment method ▪️ The consequences of late payment ▪️ Whether the full remaining balance becomes immediately due after a missed payment ▪️ The date or stage at which the Statement of Non-Punishment will be submitted Payment terms should be recorded in writing rather than left as a verbal promise. Bank transfer records and other evidence confirming payment should also be retained. Can a victim refuse a settlement? Yes. A victim may clearly state that they do not wish to settle. A victim may initially consider a proposal and later decide not to proceed after reviewing the accused’s conduct or the terms offered. Where the accused, their family members, or other representatives continue contacting the victim after a refusal, the victim should preserve call logs, messages, emails, and other records of the contact. The situation may then be reported to the investigator in charge or discussed with the victim’s attorney. The victim’s wishes should remain the central consideration throughout the process. A victim does not need to make an unwanted decision merely to help reduce the accused’s punishment. A victim does not have to contact the accused directly A victim is not required to speak with or meet the suspect, defendant, their family members, or their attorney to negotiate a settlement. Under the sentencing guidelines for digital sexual offenses, conduct that causes additional harm to the victim during an attempted settlement may be treated as an aggravating consideration. A victim’s attorney may assist with: ▪️ Confirming the other party’s settlement proposal ▪️ Negotiating the amount and payment conditions ▪️ Communicating the victim’s requests ▪️ Reviewing the settlement agreement and Statement of Non-Punishment ▪️ Coordinating payment and document delivery ▪️ Including restrictions on future contact or access ▪️ Submitting relevant documents to investigators, prosecutors, or the court Depending on eligibility, victims of sexual violence in Korea may also apply for assistance from a state-appointed victim’s counsel. This system provides legal support from the early stages of the investigation through trial proceedings. Before accepting a settlement offer A settlement in a sexual offense case is not simply a decision about how much compensation to receive. It also determines the scope of the harm being resolved, the victim’s position regarding punishment, and which civil rights will remain available after the agreement is signed. Before signing a settlement agreement, the victim should confirm: ▪️ Which rights will be waived under the agreement ▪️ Whether the amount and payment terms are clearly stated ▪️ Whether the victim will submit a Statement of Non-Punishment ▪️ Whether future or newly discovered harm is included in the settlement ▪️ Whether payment and document delivery will occur in a secure order ▪️ Whether restrictions on future contact or access are necessary How Decent Law Firm assists victims Decent Law Firm represents victims of sexual offenses in settlement discussions with suspects and defendants. Our assistance may include confirming the other party’s proposal, negotiating the settlement amount and payment terms, reviewing the settlement agreement and Statement of Non-Punishment, and coordinating the submission of relevant documents. We may also serve as the victim’s point of contact so that the victim does not have to communicate directly with the accused. Each proposed agreement is reviewed in light of the rights that may be waived and the possibility of additional or newly discovered harm. Victims who have received a settlement proposal but are uncertain whether the terms are appropriate should consider obtaining legal advice before signing an agreement or submitting a Statement of Non-Punishment. Official References ▪️ Korean Sentencing Commission, Sentencing Guidelines for Sexual Offenses ▪️ Korean Sentencing Commission, Sentencing Guidelines for Digital Sexual Offenses ▪️ Ministry of Justice, State-Appointed Counsel for Crime Victims
2026-07-29 -
Blogs Criminal
Marriage Fraud in Korea: Why You Need a Lawyer to Respond
What Does Marriage Fraud Mean Under Korean Law? In the past, Korea had a specific offense called "fraud through the pretense of marriage" (former Article 304 of the Criminal Act), which punished having sexual intercourse under a false promise of marriage. However, in 2009 the Constitutional Court ruled this provision unconstitutional, retroactively nullifying its effect, and the provision was completely abolished when the Criminal Act was amended on December 18, 2012. Today, "marriage fraud" is therefore not a separate criminal offense. Instead, it is prosecuted as ordinary fraud under Article 347 of the Criminal Act where a person, without any real intention of marrying, deceives another person into believing otherwise in order to obtain financial gain. If the amount defrauded is KRW 500 million or more, the offender may face aggravated punishment under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes. A simple broken engagement, breakup, or failed relationship is not, by itself, punishable. The key question is whether the person never had the intention or ability to marry from the outset, yet deceived the victim to obtain money. Proving the causal link between the deceptive act and the transfer of property is the decisive factor in determining guilt or innocence. In other words, for fraud to be established, a sequential causal relationship must be recognized among the deceptive act, the victim's mistaken belief, and the victim's disposal of property. What Is the Process, From Investigation to Trial? When allegations of marriage fraud arise, the case typically proceeds through the following stages. Filing a complaint - The victim files a fraud complaint with the police. Investigation begins - Police examine phone records, text messages, bank account transactions, and other evidence of deception and the flow of funds. Suspect questioning - Statements are obtained on whether the suspect genuinely intended to marry. Referral to the prosecution and a decision on indictment. Trial proceedings - The court reaches a final determination on guilt and sentencing. Because how the existence of an intent to marry is proven often determines the outcome of the case, anyone who has been accused of, or victimized by, marriage fraud should seek legal assistance from the earliest possible stage. A Real Case of Marriage Fraud [Case We Handled] Ms. B, a woman in her 40s, gave tens of millions of won to a man who had promised to marry her, claiming the money was for business capital, but he disappeared just before the wedding. The investigation revealed that he had already taken money from several other victims in different regions using the same scheme, and his deliberate deception was recognized, leading to his indictment for fraud. As this case shows, the outcome of a marriage fraud case often depends on how thoroughly the repeated scheme and the flow of funds can be uncovered. The Role of a Lawyer, and Why You Should Work With Decent Marriage fraud cases call for the following professional approach. Analyzing phone records, messages, and account data to substantiate the intent to deceive. Developing a statement strategy tailored to the client's position, whether victim or suspect. Reviewing whether to pursue a criminal complaint and a civil claim for damages in parallel. Decent Law Firm has extensive experience handling property crime cases, closely analyzing each client's situation and building a systematic strategy from the complaint-preparation stage through investigation and trial. We stand by clients who are exhausted, financially and emotionally, by marriage fraud, working to ensure they are not disadvantaged from beginning to end. If you have already suffered harm or been accused, we recommend consulting a lawyer experienced in property crime rather than making decisions on your own. Decent Law Firm is always ready to provide prompt, accurate legal consultation to help you find the best direction for your situation.
2026-07-28 -
Blogs Criminal
Legal Representation for Sex Crime Victims: Reporting Is Not the End
What Does Legal Representation for Sex Crime Victims Mean? Legal representation for sex crime victims refers to a system that allows survivors of sexual offenses to exercise their rights throughout the criminal process through an attorney. Support is available through the court-appointed victim attorney system under relevant statutes Attorneys accompany victims during police and prosecutor investigations, assist in gathering evidence, and support settlement and damages negotiations through the entire process Attorneys protect the victim's procedural rights and interests from unfair pressure or inducement by the offender's defense counsel In this way, legal representation for sex crime victims goes beyond simply accompanying the investigation — it provides substantive legal support that helps victims complete the process without suffering secondary harm. From Reporting to Trial: What Is the Process? Cases handled through victim legal representation generally proceed through the following steps. Filing a report and complaint - Reporting the incident and submitting a criminal complaint to the police Victim interview - Providing statements and evidence with the attorney present Investigation by authorities - Investigation of the offender, forensic examination of evidence, and witness questioning Case referral and indictment decision - After police referral, the prosecutor decides whether to indict or not Trial and claim for a restitution order - Participation in trial, criminal mediation, and, if requirements are met, a restitution order to help restore the victim's losses Since the consistency of initial statements and the preservation of evidence during this process critically affect the outcome of the case, it is essential to receive legal assistance as soon as possible after reporting. A Real Case: Legal Representation for a Sex Crime Victim [Case We Handled] Ms. B, a woman in her twenties, hesitated to report workplace sexual harassment and filed her complaint only after considerable time had passed. Although evidence was scarce by then, with Decent Law Firm's help she systematically organized circumstantial evidence and responded appropriately to secondary-harm-inducing questions during the investigation, ultimately leading to the offender's indictment. As this shows, the outcome of a sex crime victim representation case can vary greatly depending on the initial response and how well the evidence is organized. The Attorney's Role, and Why You Should Work With Decent Sex crime victim representation cases require a professional approach that includes the following. Preventing secondary harm and supporting psychological stability by accompanying the victim during investigations Strengthening the case through evidence collection and assistance with statements Developing follow-up strategies for settlement, damages, and criminal mediation Decent Law Firm has extensive experience handling numerous sex crime victim representation cases, closely analyzing each client's situation and building a systematic support strategy from the initial report through trial and compensation. We stand by clients from beginning to end so that those who are already psychologically vulnerable from the harm they suffered are not hurt again during the process. Sex crime victim representation is a type of case where, as time passes, securing evidence and responding effectively become increasingly difficult. If you have already suffered harm or are considering filing a report, we recommend consulting first with an attorney experienced in sex crime cases rather than deciding on your own. Decent Law Firm is always ready to provide prompt and accurate legal consultation to help you find the best direction for your situation.
2026-07-24 -
Blogs Criminal
Fraud Charges Under Korean Law: How You Could Become a Convict Overnight
What Are the Legal Requirements for Fraud Under Korean Law? Fraud under Korean law is defined by Article 347 of the Criminal Act, and all four of the following elements must be satisfied for a fraud charge to be established. Deceptive act — deceiving the other party (including not only affirmative lies but also omissions that conceal facts) Mistake and disposition of property — the deception causes the other party to fall into a mistaken belief and dispose of property Causation — a causal relationship must exist between the deceptive act and the disposition of property Intent to defraud — the intent to obtain property or a proprietary benefit through the deceptive act Simply failing to repay money does not, by itself, satisfy the legal requirements for fraud. The key question is whether the person lacked the intention or ability to repay at the time of the transaction. What Is the Process, From Investigation to Trial? Whether the legal requirements for fraud are met is typically determined through the following process. 1) Filing a criminal complaint — the investigation begins when the victim files a complaint 2) Questioning of the parties — the circumstances of the transaction, use of funds, and ability to repay are examined 3) Gathering evidence — contracts, text messages, and account records are used to prove intent 4) Referral to the prosecution and indictment decision — the key issue is whether intent to defraud is recognized 5) Trial proceedings — the court makes a final determination on whether the legal requirements for fraud are met Because the circumstances surrounding the transaction and the flow of funds at the time largely determine the outcome, anyone who has been accused should respond carefully from the very beginning. A Real Case: How the Elements of Fraud Were Assessed [Case We Handled] Mr. B, a small business owner, borrowed money from an acquaintance because he urgently needed business funds, but was unable to repay it after a sudden drop in sales and was accused of fraud. With the help of Decent Law Firm, however, he was able to demonstrate — through his business ledgers, records of legitimate transactions, and evidence of efforts to repay at the time of borrowing — that he never had the intent to defraud, and the case ultimately ended in a non-indictment decision. As this shows, if intent to defraud cannot be established, the matter remains a civil default and does not become subject to criminal punishment. The Role of Defense Counsel, and Why You Should Work With Decent Cases involving disputes over the legal requirements for fraud call for the following professional response. Legal analysis of the circumstances of the transaction and the flow of funds Gathering objective evidence to prove the absence of intent to defraud Developing a statement strategy for each stage of the investigation Drawing on its experience handling numerous fraud cases, Decent Law Firm closely analyzes each client's transaction history and builds a systematic defense strategy from the early stages of the investigation through trial. We stand by our clients from beginning to end, so that those wrongly accused of fraud are not unfairly disadvantaged. Whether the legal requirements for fraud are met can vary greatly depending on the facts and how the evidence is interpreted. If you have already been accused or are facing an investigation, we recommend consulting with an attorney experienced in criminal cases rather than trying to assess the situation on your own. Decent is always ready to provide prompt, accurate legal advice and help you find the best direction for your specific situation.
2026-07-22 Naver Blog
