Archive · 2024-09

Fraudulent Evasion of Compulsory Execution: Elements, Conduct, Punishment, and Enforcement

What is the offense of fraudulent evasion of compulsory execution? It is defined in Article 327 of the Korean Criminal Act. Article 327 (Fraudulent Evasion of Compulsory Execution): A person who, for the purpose of evading compulsory execution, conceals, damages, falsely transfers property, or assumes a fictitious debt, thereby harming a creditor, shall be punished by imprisonment for up to 3 years or by a criminal fine of up to KRW 10 million. What is compulsory execution? Compulsory execution is provided for under Article 389 of the Korean Civil Act, under the name of compulsory performance. Article 389 (Compulsory Performance): (1) Where an obligor fails to voluntarily perform an obligation, the obligee may apply to the court for compulsory performance. This does not apply, however, where the nature of the obligation does not permit compulsory performance. (2) Where the obligation under the preceding paragraph aims at a juristic act, the obligee may apply for a judgment that substitutes for the obligor's declaration of intention; and where it aims at an act that is not exclusively personal to the obligor, the obligee may..

Other Criminal Law September 26, 2024

Obstruction of Official Duties: Elements, Intent, and Punishment

What is obstruction of official duties? Obstruction of official duties is defined in Article 136 of the Korean Criminal Act. Article 136 (Obstruction of Official Duties) (1) A person who commits assault or intimidation against a public official engaged in the performance of his/her duties shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 10 million. (2) The same punishment as in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official with the intent to compel him/her to perform an act in the course of his/her duties, or to make him/her resign from office. Elements of obstruction of official duties. The act must target a public official engaged in the performance of his/her duties; the performance of the duties must be lawful; and there must be assault or intimidation. Obstruction of official duties – a public official engaged in the performance of duties. A public official engaged in the performance of duties refers not only to national and local government officials but also to those engaged in the affairs of a public corporation. However, foreign public officials are not included as public officials here. Also, the meaning of 'engaged in the performance of duties' is..

Other Criminal Law September 25, 2024

How Far a Spouse Was Involved in Fraud

A spouse's involvement in fraud. Fraud is the crime of deceiving another person to obtain a financial benefit, and it is one of the offenses treated severely under the Criminal Act. When a spouse has committed or taken part in fraud, the legal and moral issues become even more complex. Fraud by a spouse refers to one spouse deceiving another person to obtain a monetary benefit or to cause that person harm. This is no different from the general definition of fraud, but it has a special character in that the person committing the act is a spouse. Fraud is set out in Article 347 of the Korean Criminal Act, and "a person who deceives another and thereby obtains the delivery of property or acquires a financial benefit" is liable to imprisonment of up to 10 years or a criminal fine of up to KRW 20 million. When a spouse commits an act of fraud, this is a problem that arises within the family, and the social repercussions and legal consequences can be compl..

Other Criminal Law September 23, 2024

Embezzlement of Lost Property - Punishment, Elements, Intent of Unlawful Appropriation, Larceny, Location

What is embezzlement of lost property? Embezzlement of lost property is the crime of misappropriating lost articles, drifting articles, or property that has left another person's possession. Punishment for embezzlement of lost property is up to one year of imprisonment, a criminal fine of up to KRW 3 million, or a minor fine. The elements of embezzlement of lost property are: 1. The property is owned by another person and is not in another person's possession; 2. There is intent of unlawful appropriation. The intent of unlawful appropriation in embezzlement of lost property refers to the act of intentionally using and disposing of another person's property as if it were one's own. Embezzlement in the context of this crime means appropriating another person's property that does not belong to anyone's possession. The difference from embezzlement, however, is that no relationship of trust is required. Embezzlement of lost property and larceny both involve taking property owned by another person..

Other Criminal Law September 19, 2024

Preparation of False Official Documents: Elements, Object, Use, and Status

What is the offense of preparing false official documents? This offense is set out in Article 227 of the Korean Criminal Act. Article 227 (Preparation, etc. of False Official Documents): A public official who, with intent to use, falsely prepares or alters a document or drawing relating to his/her duties shall be punished by imprisonment for not more than 7 years or by a criminal fine not exceeding KRW 20 million. Elements of the offense of preparing false official documents are as follows: the perpetrator must have the status of a public official; there must be an intent to use; and a document or drawing relating to his/her duties must be falsely prepared or altered. Here, alteration means falsely changing the contents of a document that was properly prepared. As for a document relating to one's duties, the offense of preparing false official documents refers to a document that a public official prepares within the scope of his/her official authority. Here, it does not matter whether the document is external or internal, and the official authority does not require a statutory basis..

Other Criminal Law September 11, 2024

Violation of Privacy (Violation of Secrecy): Elements, Targets, and Complaint Requirement

What is a violation of privacy? A violation of privacy means that various pieces of information related to an individual are exposed to or misused by others. Under the Criminal Act, a violation of privacy is regulated under the name violation of secrecy in Article 316. Violation of secrecy: According to Article 316 of the Criminal Act, the offense reads as follows. Article 316 (Violation of Secrecy) (1) A person who opens a sealed or otherwise secretly secured letter, document, or drawing belonging to another shall be punished by imprisonment for not more than three years, imprisonment without labor, or a criminal fine not exceeding KRW 5 million. <Amended on Dec. 29, 1995> The elements of a violation of privacy (violation of secrecy) are: 1. A sealed or otherwise secretly secured letter, document ..

Other Criminal Law September 9, 2024

Sexual Molestation Law, Elements of the Offense, and Security Measures

What is sexual molestation? Sexual molestation refers to an act of unilaterally seeking sexual gratification by making physical bodily contact, thereby causing the other person to feel sexual shame or disgust. Laws related to sexual molestation include indecent assault under the Criminal Act and indecent acts under the Act on Special Cases Concerning the Punishment of Sexual Crimes. Article 298 of the Korean Criminal Act (Indecent Assault): A person who commits an indecent act on another by means of violence or intimidation shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding KRW 15 million. Article 10 of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Indecent Act by Abuse of Authority, etc.): (1) A person who commits an indecent act, by deception or by abuse of authority, on a person who is under his or her protection or supervision by reason of work, employment, or any other relationship shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 15 million. Article 11 (Indecent Act in Crowded Place): A person who commits an indecent act on another in a crowded place such as public transportation, a performance or assembly venue, or any other place where the general public gathers..

Other Criminal Law September 4, 2024

Suspended Indictment - Effects, Re-Indictment, How to Obtain One, and How to Respond

What is a suspended indictment? A suspended indictment is a disposition in which a prosecutor decides not to bring charges even though indictment would be possible, on the grounds that prosecution is deemed unnecessary. It is one of the prosecutor's non-prosecution dispositions, and under Article 246 of the Korean Criminal Procedure Act, if the prosecutor does not bring charges the case does not proceed to trial and is closed. In other words, a suspended indictment can be described as leniency granted by the prosecutor to the suspect. Basis for a suspended indictment: A suspended indictment is possible under the principle of prosecutorial discretion in Article 247 of the Korean Criminal Procedure Act. Article 247 (Principle of Prosecutorial Discretion): The prosecutor may decline to bring charges, taking into account the matters set out in Article 51 of the Criminal Act. Article 51 reads as follows. Article 51 (Conditions for Sentencing): In determining a punishment, the following matters shall be taken into account. 1. The offender's age, character and conduct, intelligence and environment 2. The relationship..

Other Criminal Law September 3, 2024