Self-Defense: Requirements and Standards Explained
Self-defense means that even when an act would otherwise constitute a crime, no offense is established when the act is a defensive response to a danger threatening oneself or another person nearby. Self-defense is governed by Article 21 of the Korean Criminal Act. Article 21 (Self-Defense) (1) An act performed to defend one's own or another person's legal interest against a present and unjust infringement shall not be punishable where there are reasonable grounds for doing so. (2) Where a defensive act exceeds the proper degree, the punishment may be mitigated or remitted depending on the circumstances. (3) In the case of paragraph (2), where the act was committed out of fear, fright, excitement, or confusion at night or under other unsettling conditions, it shall not be punishable. Requirements for Self-Defense The requirements for self-defense are as follows: there must be an unjust situation of infringement, the infringement must be present, the act must be defensive..