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Other Criminal Law

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Occupational Breach of Trust

What is occupational breach of trust? Breach of trust is a crime in which a person who handles another's affairs acts in violation of that duty to obtain a financial benefit for themselves or for a third party, thereby causing loss to the other person—that is, the 'principal.' In particular, where this crime is connected to occupational duties—that is, where a person who handles another's affairs commits breach of trust by violating an occupational duty—it is subject to aggravated punishment as occupational breach of trust. In such cases, where the amount of gain from occupational breach of trust is KRW 500 million or more, aggravated punishment applies under the Act on the Aggravated Punishment of Specific Economic Crimes. Occupational breach of trust: relevant statutes. Article 355 (Embezzlement, Breach of Trust) (1) A person who, having custody of another's property, embezzles such property or refuses to return it shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 15 million. (2) A person who handles another's affairs and, by violating that duty, ..

Other Criminal Law

Extortion: Elements of the Offense and Penalties

Extortion is established when a person uses coercion to obtain property or a financial benefit. This article explains how extortion differs from criminal intimidation, the aggravated penalties for special extortion, the punishment of attempts, and the elements required to establish the offense.

Other Criminal Law

Assault: Elements of the Offense and Penalties

Assault is a crime committed when someone uses physical force against another person's body. This article explains the penalties for each type—simple assault, assault on a lineal ascendant, special assault, and assault causing bodily injury—along with whether they are offenses not prosecutable against the victim's will and what to watch out for in mutual assault cases.

Other Criminal Law

Elements of Criminal Intimidation

What is criminal intimidation? Along with defamation and criminal insult, criminal intimidation is one of the most common legal topics people ask about. Criminal intimidation refers to a crime that infringes on a person's freedom to form their own will by communicating a harm capable of instilling fear. Types of criminal intimidation: There are simple intimidation, aggravated intimidation, and intimidation of a lineal ascendant. The common, ordinary form of intimidation, in which someone is told that harm will be inflicted upon them, falls under simple intimidation. If a dangerous object such as a weapon is used, or if several people carry out the intimidation, it amounts to aggravated intimidation. Intimidation of a lineal ascendant refers to intimidating one's direct ascendant. Punishment for criminal intimidation: Under Article 283 of the Korean Criminal Act (Intimidation, Intimidation of Lineal Ascendant), a person who intimidates another shall be punished by imprisonment for up to 3 years, a criminal fine of up to KRW 5 million, detention, or a minor fine. In addition, Article 284 of the Korean Criminal Act..

Other Criminal Law

Criminal Insult Fines

What is criminal insult? Criminal insult is an offense established by publicly insulting a person, and it is set out in Article 311 of the Korean Criminal Act. While it resembles defamation in that external reputation is the legal interest being protected, it differs from defamation in that no specific fact is asserted. Criminal insult refers to conduct that attacks another person's reputation or self-esteem, and it must take place publicly, that is, in front of other people. This feature is what distinguishes it from defamation. For criminal insult to be established, there must be an insulting remark or act that occurs in a public place or situation, carried out openly under the gaze of others. Accordingly, although defamation and criminal insult share similar aspects, each offense differs in its requirements for establishment and scope of application. Requirements for establishing criminal insult: the requirements include publicity, specificity..

Other Criminal Law

Understanding the Crime of Spreading False Information

There is no denying that the development of the internet has made many things more convenient, but this progress has also created a range of problems. In particular, the 'anonymity' of online spaces has become a major issue. More and more people are exploiting it to attack or criticize others. Celebrities, athletes, influencers, and other public figures are the most common victims, but recently the number of ordinary people being harmed has been rising as well. In many cases, the harm is caused by the spread of false information. What is the crime of spreading false information? Spreading false information means, quite literally, circulating untrue claims. It is closely tied to defamation, and conduct such as defamation, fraud, false disclosure, trademark infringement, and election-law violations can all fall under it. Depending on the outcome, spreading false information may be charged as a different offense, and th..

Other Criminal Law

Understanding Offenses Not Prosecutable Against the Victim's Will

An offense not prosecutable against the victim's will refers to a crime that cannot be punished if the victim does not wish the offender to be punished. These are mainly minor cases or crimes where a settlement between the parties is important. Even if the victim has not filed a complaint, investigative agencies may still punish the offender after investigation, but if the victim expresses an intention not to wish punishment, the offender will not be punished. A point to be careful about with these offenses is that the victim must express this intention before the first-instance judgment. Only then does it take effect, and once you express such an intention, you cannot reverse it. Because you cannot go back and ask for punishment after saying you do not wish it, you must act prudently. However, it is possible to ask that punishment not be imposed after having previously requested it...

Other Criminal Law

Elements of Defamation

What is defamation? Defamation literally refers to the act of harming the honor or reputation of an individual or organization. As conduct that damages a person's character or the reputation tied to their social standing within social relationships, defamation is regulated by law. Elements of the offense of defamation: The offense of defamation is established when someone publicly alleges a fact or a false statement and thereby damages another person's reputation. The first element of defamation is publicity. Publicity refers to a state in which an unspecified number of people can become aware of the matter; even if a fact about a single person is spread individually rather than to a group, publicity may still be recognized if there is a possibility of it being disseminated to an unspecified number of people. For example, even if you speak one-on-one in a private chat room after being told the listener will keep the secret, publicity may still be recognized because there is a possibility of dissemination. However, in the case of statements like whispers that only a party such as a family member or relative..

Other Criminal Law