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BlogsSettlement 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
Workers' Compensation Insurance Fraud Is Not Something You Can Take Lightly
What Does Workers' Compensation Insurance Fraud Mean Legally? Workers' compensation insurance fraud refers to falsely reporting an accident or illness that does not actually qualify as an industrial accident as if it were one, or misrepresenting the circumstances of the accident, work arrangement, or average wage, in order to wrongfully obtain workers' compensation benefits or premium advantages. Constitutes unlawful receipt of benefits under the Industrial Accident Compensation Insurance Act, subject to recovery of the wrongfully received amount as well as an additional surcharge If a falsified medical certificate or fabricated accident circumstances are confirmed, charges of fraud and forgery of private documents under the Criminal Act may also apply In many cases where the employer is involved, the employer is punished together with the employee as a co-principal As such, workers' compensation insurance fraud is not a mere administrative violation but a serious crime that can lead to criminal punishment, and this must be kept firmly in mind. From Detection to Trial: What Is the Process? Once suspicion of workers' compensation insurance fraud arises, the case generally proceeds through the following stages. Report and internal investigation The Korea Workers' Compensation & Welfare Service detects signs of irregularity and launches an investigation On-site verification and document request Medical records, work records, CCTV footage, and other objective evidence are cross-checked Referral to investigative authorities If clear evidence of fraudulent receipt is found, the case is referred to the police or prosecution Suspect investigation and referral After questioning those involved, the case is transferred to the prosecution Indictment and trial Sentences range from fines to actual imprisonment Because the direction of the initial statement and the preparation of supporting evidence largely determine the final outcome, it is critical to seek professional assistance as soon as you receive notice of an investigation related to workers' compensation insurance fraud. A Real Case of Workers' Compensation Insurance Fraud [Case We Handled] Mr. B, who ran a manufacturing company, falsified documents to make an employee's personal injury appear to be a work-related accident and applied for workers' compensation benefits, but the truth came to light during a verification investigation by the Korea Workers' Compensation & Welfare Service, leading to his being reported to the authorities. From the early stages of the investigation, Mr. B worked with Decent Law Firm to organize the facts and actively demonstrate his willingness to voluntarily return the benefits, ultimately resolving the case with a small fine. As shown, the outcome of a workers' compensation insurance fraud case can vary greatly depending on how it is handled in the early stages. The Role of Defense Counsel, and Why You Should Work With Decent Workers' compensation insurance fraud cases require professional handling in the following respects. Legal review of the Korea Workers' Compensation & Welfare Service's investigation materials Securing the right of defense during questioning and establishing a response strategy A comprehensive response that takes into account both recovery/additional surcharges and criminal punishment Based on extensive experience handling criminal cases related to industrial accidents and insurance, Decent carefully reviews each client's situation and builds a systematic defense strategy from the early stages of the investigation through trial. Workers' compensation insurance fraud is a type of case in which securing supporting evidence becomes increasingly difficult the longer you wait. If you have already received notice of an investigation or are troubled by related facts, we recommend consulting first with defense counsel experienced in labor and criminal 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.
2026-08-06 Naver Blog -
Blogs
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
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
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
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
