Defense Against Coercion Allegations Between Former Partners at the Police and Prosecution Stages
Summary
We represented an individual facing coercion allegations brought by a former romantic partner. The police decided not to refer the case for prosecution on the ground of no suspicion. After the complainant filed an objection, the prosecution also issued a non-indictment decision due to insufficient evidence.
The central issue was whether statements made during the relationship, demanding certain actions while mentioning a breakup, amounted to a threat serious enough to restrict the other person's freedom to make or act on their own decisions.
Case Overview
Our client, A, was accused of coercion by B, a former romantic partner. B alleged that A had demanded that B verbally abuse a particular acquaintance and had said that A would end the relationship if B refused. B claimed to have carried out acts that B had no obligation to perform, including using abusive language and sending KakaoTalk messages, in response to those demands.
The two had already been involved in criminal and civil disputes. In an earlier criminal case, B was convicted of an offense against our client, and the conviction and sentence became final. A subsequent civil judgment holding B liable for approximately KRW 30 million in damages also became final. B later filed a complaint against our client over other allegations, followed by another complaint alleging coercion based on statements made during their past relationship.
Key Issues
References to a Breakup and the Legal Threshold for a Threat Constituting Coercion
Article 324(1) of the Criminal Act penalizes the use of violence or threats to obstruct another person's exercise of rights or compel that person to do something they have no obligation to do. Merely demanding a particular action or mentioning a breakup does not, by itself, establish coercion.
Whether the statements at issue constitute a threat must be assessed in light of their content and context, the relationship between the parties, and the circumstances at the time. In this case, the relevant factors included B's social experience, the nature of the romantic relationship, and whether there were any special circumstances making it difficult to end the relationship.
Decent's Strategy
Review of Prior Judgments and the Sequence of Repeated Complaints
Decent Law Firm had reviewed the parties' relationship, the history of their disputes, and the relevant evidence while handling related proceedings, including preparing and submitting defense counsel's written opinion in an earlier, separate criminal case. We examined the background to the latest complaint while distinguishing the prior criminal conviction, the damages judgment, and the police decision not to refer an earlier complaint for prosecution.
We also organized the prior judgments and the sequence of repeated complaints, prepared and filed a separate complaint alleging false accusation, and set out the legal basis for our client's claim that the reported allegations were false. However, that complaint is a separate proceeding from the coercion case. This case study does not establish that false accusation was proved or that any outcome of that separate proceeding has been confirmed.
Results & Significance
Police Decision Not to Refer the Coercion Case for Prosecution
Police Non-Referral Decision on the Ground of No Suspicion
The police considered that B had participated in social life by attending university and working part-time, that the two had been in a relationship for approximately one year, and that no special circumstances, such as children or financial issues, had been identified that would objectively have made a breakup difficult.
In those circumstances, the police concluded that a statement about ending the relationship unless a particular action was taken was difficult to regard as a threat of harm serious enough to interfere with B's freedom to make or act on their own decisions. Taking into account that B could make decisions and act of their own volition, the police decided not to refer the case for prosecution on the ground of no suspicion.
Prosecutorial Non-Indictment Following the Complainant's Objection
The complainant objected to the police non-referral decision, bringing the case before the prosecution for review. After reviewing the objection and the existing investigation records, the prosecution found no objective grounds or material warranting a change to the police assessment and no other evidence sufficient to substantiate the coercion allegations.
Our client ultimately received a prosecutorial non-indictment decision due to insufficient evidence.
| Stage | Procedure and Outcome |
|---|---|
| Police | Decision not to refer the case for prosecution on the ground of no suspicion |
| Complainant's objection | Prosecutorial review following an objection to the police non-referral decision |
| Prosecution | Non-indictment due to insufficient evidence |
Significance of the Case
This case proceeded to prosecutorial review after the complainant objected to the police non-referral decision, but the prosecution likewise found insufficient evidence to substantiate coercion. Where statements between romantic partners are at issue, it is important to examine the relationship, the specific circumstances, and the legal requirements for a threat, rather than viewing isolated statements out of context.
FAQ
Does telling a romantic partner that you will end the relationship constitute coercion?
Mentioning a breakup alone does not establish coercion. However, coercion may be at issue if, in light of the specific statements and circumstances, a threat obstructs the other person's exercise of rights or compels them to do something they have no obligation to do. The conclusion in this case cannot be generalized to every statement made between romantic partners.
What happens if a complainant objects to a police non-referral decision?
If a complainant files a valid objection, the case is referred to a prosecutor for review. The prosecution examines the investigation records and submitted materials to determine whether to indict or take other appropriate action.
Does a no-charges outcome in a coercion case establish that the complainant committed false accusation?
A no-charges outcome does not automatically establish false accusation. A separate assessment is required as to whether the reported facts were objectively false and whether the complainant knowingly reported false facts with the aim of having the other person subjected to criminal or other relevant sanctions.
Relevant Legislation
National Law Information Center: Criminal Act, Article 324
National Law Information Center: Criminal Procedure Act, Article 245-7
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