Criminal law insights from a defense attorney — traffic accidents, drug crimes, juvenile crimes and morehttps://thanktolaw.com/enhttps://thanktolaw.com/en/78/https://thanktolaw.com/en/78/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..Thu, 08 May 2025 10:12:42 GMThttps://thanktolaw.com/en/77/https://thanktolaw.com/en/77/What is negligent homicide? Negligent homicide is the crime of causing a person's death through negligence. Article 267 of the Korean Criminal Act, which governs negligent homicide, reads as follows. Article 267 (Negligent Homicide): A person who causes the death of another through negligence shall be punished by imprisonment without labor for not more than 2 years or by a criminal fine not exceeding KRW 7 million. Types of negligent homicide are as follows: negligent homicide, occupational negligent homicide, and gross negligent homicide. Elements of negligent homicide: negligence in negligent homicide is governed by Article 14 of the Korean Criminal Act. The elements of negligent homicide are: 1. a situation caused by negligence; 2. causing the death of a person. Article 14 (Negligence): An act that fails to recognize the facts constituting the elements of a crime due to a failure to exercise the care normally required is punishable only when there is a special provision in the statute. The elements of a negligence offense are: 1. breach of an objective duty of care; 2. the elements constituting the crime..Tue, 22 Apr 2025 05:00:12 GMThttps://thanktolaw.com/en/76/https://thanktolaw.com/en/76/Destruction of property refers to the act of impairing the utility of another person's property, documents, or special media records such as electromagnetic records by damaging, concealing, or otherwise affecting them. A person who commits destruction of property is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Types of destruction of property The types of destruction of property are as follows. Destruction of property, etc.: A person who impairs the utility of another's property, documents, or special media records such as electromagnetic records by damaging, concealing, or other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Destruction of a structure for public use: A person who destroys a structure used for the public benefit is subject to imprisonment for up to 10 years or a criminal fine of up to KRW 20 million. Aggravated destruction: Where a person commits either of the above two offenses and thereby endangers the life or body of another, the person is subject to imprisonment for not less than 1 year...Thu, 27 Mar 2025 10:26:26 GMThttps://thanktolaw.com/en/75/https://thanktolaw.com/en/75/What is a suspended sentence? A suspended sentence (probation) is a system in which the court imposes a sentence but delays its execution for a set period; if that period passes without incident, the pronouncement of the sentence loses its effect and the sentence is not carried out. It can be described as a system that opens a path for the defendant to return to society on their own without serving the sentence. For example, if you receive a sentence of 1 year of imprisonment suspended for 2 years, the 1-year prison term is extinguished provided you commit no offense during the 2-year period. The requirements for a suspended sentence are as follows: when imposing a sentence of imprisonment or imprisonment without labor of 3 years or less, or a criminal fine of KRW 5 million or less; grounds worthy of mitigating consideration; and that the offense was not committed within the period running up to 3 years after a judgment imposing imprisonment without labor or a heavier sentence became final and its execution was completed or remitted. The sentencing threshold for a suspended sentence is 3 years or..Wed, 22 Jan 2025 05:53:23 GMThttps://thanktolaw.com/en/74/https://thanktolaw.com/en/74/What is sexual harassment? Sexual harassment refers to unwanted sexual remarks or conduct that makes the other person feel sexually humiliated or ashamed. Under the law, sexual harassment is defined by Korean Supreme Court precedent as follows. In the context of work, employment, or other relationships, sexual harassment means conduct by an employee of a public body such as a state agency, local government, school of any level, or public-interest-related organization, or by an employer, supervisor, or worker at a workplace, who ① uses their position or, in connection with work, makes the other person feel sexually humiliated or repulsed through sexual words, conduct, or demands, or ② disadvantages the other person for refusing to comply with sexual words, conduct, or demands, or offers a benefit on the condition of compliance. (Korean Supreme Court Decision 2017Du74702, April 12, 2018) In other words, in the eyes of the law ..Mon, 06 Jan 2025 08:58:12 GMThttps://thanktolaw.com/en/73/https://thanktolaw.com/en/73/What is occupational breach of trust? Occupational breach of trust is a crime defined in Article 356 of the Korean Criminal Act. It refers to conduct in which a person who handles another's affairs violates their duty, causing harm to the other party while obtaining a benefit for themselves or a third party. This crime typically arises in trust-based relationships, particularly when a manager within a company or organization abuses their position for personal gain. Punishment for occupational breach of trust: Under Article 356 of the Korean Criminal Act, it is punishable by imprisonment of up to 10 years or a criminal fine of up to KRW 30 million. If the resulting loss is substantial, the Act on the Aggravated Punishment of Specific Economic Crimes provides for aggravated punishment of fixed-term imprisonment of at least 3 years where the amount is between KRW 500 million and KRW 5 billion, and life imprisonment or imprisonment of at least 5 years where the amount is KRW 5 billion or more. The elements of occupational breach of trust..Tue, 17 Dec 2024 07:44:04 GMThttps://thanktolaw.com/en/72/https://thanktolaw.com/en/72/What is the crime of insurrection? The crime of insurrection is defined in Article 87 of the Korean Criminal Act. Article 87 (Insurrection): A person who stages an uprising for the purpose of excluding state power or subverting the Constitution within all or part of the territory of the Republic of Korea shall be punished according to the following classifications. Elements of the crime of insurrection: The elements of the crime of insurrection are as follows. 1. The purpose of excluding state power or subverting the Constitution within all or part of the territory of the Republic of Korea. 2. The staging of an uprising. Insurrection and the exclusion of state power: According to Constitutional Court precedent 95Hun-Ma221, the exclusion of state power means excluding the people's territorial sovereignty and exercising unlawful control. What is subversion of the Constitution? Subversion of the Constitution is defined in Article 91 of the Korean Criminal Act. Article 91 (Definition of Subversion of the Constitution): In this Chapter, the purpose of subverting the Constitution means falling under any of the following. The Constitution..Tue, 10 Dec 2024 09:28:32 GMThttps://thanktolaw.com/en/71/https://thanktolaw.com/en/71/A burner bank account (daepo tongjang) is an account opened under a third party's stolen identity, where the account holder and the actual user are different people. Opening such an account and then transferring it to someone else or borrowing one can be punished under the Electronic Financial Transactions Act by up to 5 years of imprisonment or a criminal fine of up to KRW 30 million. Involvement in burner-account crime: If you become involved in a burner-account crime, not only the person who commits the offense using the account but also the person who lent the account can be punished. Even if you did not hand over the account with the purpose of creating a burner account, you can still be punished because you passed account-related information to another person, and depending on the crime in which the account was used, you may be recognized as an accomplice and punished if the elements of that crime are met. Types of burner-account crime include drug dealing, online direct-transaction fraud, and voice phishing scams. Burner-account scams ..Tue, 19 Nov 2024 10:44:01 GMThttps://thanktolaw.com/en/70/https://thanktolaw.com/en/70/Trespassing is defined in Article 319 of the Korean Criminal Act. Article 319 (Intrusion upon Habitation, Refusal to Leave) ① A person who intrudes upon a human habitation, a managed building, a ship or aircraft, or an occupied room shall be punished by imprisonment for not more than 3 years or by a criminal fine not exceeding KRW 5 million. <Amended Dec. 29, 1995.> ② A person who, upon being requested to leave such a place, refuses to do so shall be subject to the same punishment as in the preceding paragraph. Types of trespassing The types of trespassing offenses are as follows: intrusion upon habitation and refusal to leave; aggravated trespassing; nighttime burglary by intrusion upon habitation; search of a habitation or body. Here, nighttime burglary by intrusion upon habitation constitutes larceny under the Criminal Act, but because it is also closely related to trespassing, it has been included among the types of trespassing. Elements of trespassing The elements of trespassing are as follows: the object must be a human habitation, a managed building, a ship or aircraft, or an occupied room; there must be intent to intrude..Mon, 18 Nov 2024 08:54:29 GMThttps://thanktolaw.com/en/69/https://thanktolaw.com/en/69/What is deferred sentencing? Deferred sentencing is a system under which, even though the case is found guilty, the court postpones imposing a sentence for a set period when the offense is minor and there are clear signs of remorse; once that period passes without incident, the case is treated as having been dismissed. However, this does not apply to a person with a prior criminal record carrying a sentence of suspension of qualifications or heavier. Period of deferred sentencing The period of deferred sentencing is set at two years under Article 60 of the Korean Criminal Act, and this period cannot be shortened. Article 60 (Effect of Deferred Sentencing): When two years have elapsed from the date deferred sentencing was granted, the case shall be deemed dismissed. Effect of deferred sentencing As stated in Article 60 of the Korean Criminal Act, once the period of deferred sentencing has passed, the case is deemed dismissed. Here, a judgment of dismissal means terminating the proceedings without a direct ruling on the substance of the case. In other words, being deemed dismissed means..Fri, 01 Nov 2024 07:57:47 GMThttps://thanktolaw.com/en/68/https://thanktolaw.com/en/68/What is impersonation? Impersonation means falsely misrepresenting your own information, such as your name, occupation, gender, address, age, or educational background. Impersonation usually becomes an issue online. Because of the nature of the internet, where you cannot verify the other person, it is not easy to confirm impersonation even when it occurs. In particular, there are many problems when someone impersonates an influencer to cause harm, demand money or valuables, or propose improper conduct. The crime of impersonation. The crime of impersonation is not defined as a standalone offense in the law. However, depending on the circumstances, it can be punished under several different charges. Penalties for impersonation. Impersonation may be punished under charges such as fraud, impersonating the status of a public official, defamation, violation of the Framework Act on Telecommunications, and falsification of private electronic records..Tue, 22 Oct 2024 10:17:36 GMThttps://thanktolaw.com/en/67/https://thanktolaw.com/en/67/What Is the Assignment of Claims? The assignment of claims refers to the process of transferring ownership of a claim to another person through a legal act. It transfers the property value held by the claim and changes the legal rights and obligations between the parties involved, making it an important legal act. What Is a Mistaken Transfer? A mistaken transfer refers to a transaction in which the sender, by error, incorrectly enters the receiving financial institution or account number, causing funds to be transferred to the wrong recipient. Embezzlement Involving the Assignment of Claims Embezzlement involving the assignment of claims refers to the act of improperly transferring another person's claim to gain a benefit, without following the procedures or regulations specified by law. This is mainly a problem arising in financial transactions or contracts, and with the development of electronic payment systems, a new type of crime has emerged. Embezzlement involving the assignment of claims is generally composed of the following elements. Claim: a legally recognized claim must exi..Mon, 07 Oct 2024 09:05:02 GMThttps://thanktolaw.com/en/66/https://thanktolaw.com/en/66/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..Thu, 26 Sep 2024 07:13:41 GMThttps://thanktolaw.com/en/65/https://thanktolaw.com/en/65/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..Wed, 25 Sep 2024 08:37:12 GMThttps://thanktolaw.com/en/64/https://thanktolaw.com/en/64/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..Mon, 23 Sep 2024 10:32:04 GMThttps://thanktolaw.com/en/63/https://thanktolaw.com/en/63/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..Thu, 19 Sep 2024 10:59:59 GMThttps://thanktolaw.com/en/62/https://thanktolaw.com/en/62/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..Wed, 11 Sep 2024 09:11:46 GMThttps://thanktolaw.com/en/61/https://thanktolaw.com/en/61/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 ..Mon, 09 Sep 2024 09:56:18 GMThttps://thanktolaw.com/en/60/https://thanktolaw.com/en/60/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..Wed, 04 Sep 2024 10:02:12 GMThttps://thanktolaw.com/en/59/https://thanktolaw.com/en/59/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..Tue, 03 Sep 2024 07:40:54 GMThttps://thanktolaw.com/en/58/https://thanktolaw.com/en/58/If you have been unfairly dismissed: most people work and earn a salary to make a living. Because this is tied to one's livelihood, the workplace is an extremely important part of life. So what should you do if you are suddenly handed a recommendation to resign or a notice of dismissal? In these situations, even those who believe the dismissal is unjust and want to take legal action for unfair dismissal often fail to do so because they have no idea where to start. For those facing these difficulties and worries, you can seek advice from a legal representative experienced in civil matters. What is unfair dismissal? Dismissal means an employer unilaterally terminating an employment contract regardless of the worker's wishes. Because dismissal can have a major impact on the livelihood of the worker and their family, the Labor Standards Act requires that there be a justifiable reason..Thu, 29 Aug 2024 09:59:37 GMThttps://thanktolaw.com/en/57/https://thanktolaw.com/en/57/What is a deepfake? A deepfake is a human image synthesis technique that uses deep learning, a branch of machine learning. Put simply, it is a technology that combines photos of real people to create edited video content. As deepfake technology has advanced, even ordinary people who are not experts can easily use it to create content, and this has led to problems such as combining it with nude photos to produce and distribute obscene material, or using it for scams like phishing. This post focuses on crimes such as creating and circulating fake obscene material. Deepfake crimes Deepfake crimes have long targeted celebrities. Recently, however, the issue drew even more attention after Telegram deepfake sex crimes revealed large-scale offenses not only at more than 100 universities but also at middle and high schools and within the military..Tue, 27 Aug 2024 06:18:08 GMThttps://thanktolaw.com/en/56/https://thanktolaw.com/en/56/Indecent assault is defined under Article 298 of the Korean Criminal Act. Article 298 (Indecent Assault): A person who commits an indecent act on another through violence or intimidation shall be punished by imprisonment for not more than 10 years or by a criminal fine not exceeding KRW 15 million. Elements of Indecent Assault: The offense requires the use of violence or intimidation, and the commission of an indecent act on a person. Violence or Intimidation in Indecent Assault: The violence or intimidation does not need to be so forceful as to make resistance by the other party difficult; it suffices that unlawful physical force is exercised against the other party's body (violence), or that harm capable of generally instilling fear in the other party is communicated (intimidation). (Supreme Court en banc Decision 2018Do13877, Sept. 21, 2023) Indecent Act in Indecent Assault..Mon, 26 Aug 2024 09:15:35 GMThttps://thanktolaw.com/en/55/https://thanktolaw.com/en/55/Bodily injury is defined under Articles 257 and 258 of the Korean Criminal Act. Article 257 (Bodily Injury, Bodily Injury on Lineal Ascendant) (1) A person who inflicts bodily injury on another shall be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a criminal fine not exceeding KRW 10 million. Amended Dec. 29, 1995.> (2) A person who commits the offense under paragraph (1) against his/her own or his/her spouse's lineal ascendant shall be punished by imprisonment for not more than ten years or a criminal fine not exceeding KRW 15 million. Amended Dec. 29, 1995.> (3) An attempt to commit the offenses under the preceding two paragraphs shall be punished. Article 258 (Aggravated Bodily Injury, Aggravated Bodily Injury on Lineal Ascendant) (1) A person who inflicts bodily injury on another and thereby endangers his/her life shall be punished by imprisonment for not less than one year but not more than ten years. (2) A person who, by inflicting bodily injury, causes another to suffer disability or an incurable or hard-to-cure illness ..Thu, 22 Aug 2024 10:31:16 GMThttps://thanktolaw.com/en/54/https://thanktolaw.com/en/54/Road-Rage Retaliatory Driving Road-rage retaliatory driving refers to a dangerous form of driving on the road that targets a specific person to cause harm or an accident, threatening them or instilling fear. Because such driving is treated as using a vehicle to inflict bodily injury, intimidation, assault, or destruction of property, it can be charged as aggravated bodily injury, aggravated criminal intimidation, aggravated assault, or aggravated destruction of property under criminal law. Reckless Driving Reckless driving means repeatedly committing the following types of conduct in succession, or continuing or repeating a single act, so as to threaten or harm another person or create a traffic hazard. Conduct that constitutes reckless driving includes: 1. Violating a signal or instruction 2. Crossing the center line 3. Speeding 4. Violating the ban on crossing, U-turns, or reversing 5. Failing to keep a safe distance, violating the ban on lane changes, sudden braking 6. Violating overtaking methods or the ban on obstructing overtaking 7. Generating noise without legitimate cause..Tue, 20 Aug 2024 03:19:25 GMThttps://thanktolaw.com/en/53/https://thanktolaw.com/en/53/An offense prosecutable only upon complaint is a crime that the prosecutor cannot indict unless the victim, a legal representative, or another person entitled to file a criminal complaint actually does so. In other words, prosecution can proceed only when the entitled person reports the crime to investigative authorities and demands punishment. Even if a crime has been committed, if it qualifies as an offense prosecutable only upon complaint and no complaint is filed, the prosecution is dismissed under Article 327, Item 2 of the Korean Criminal Procedure Act. These offenses are divided, depending on the relationship between the victim and the offender, into absolute and relative categories. An absolute offense prosecutable only upon complaint always requires a complaint from an entitled person, while a relative one requires a complaint because of a kinship relationship. The ordinary meaning of the term usually refers to the absolute type. In Korea, the offenses that fall into this category include..Wed, 14 Aug 2024 09:37:33 GMThttps://thanktolaw.com/en/52/https://thanktolaw.com/en/52/Illegal recording of others' conversations. Under the Protection of Communications Secrets Act, the act of 'recording a private (non-public) conversation between other persons' is illegal and subject to criminal punishment. A conversation between the parties to that conversation is regarded as an 'open conversation,' so secretly recording it while taking part is not punishable. This is because a participant's act of directly recording the contents of a conversation is understood as part of the conversation he or she is engaged in. However, when a third party who is not a participant in the conversation records it, this is regarded as the unlawful recording of a 'non-public conversation' and is subject to criminal punishment. These legal provisions exist to protect individual privacy and the confidentiality of conversations. Protection of Communications Secrets Act. Under Article 3 (Protection of the Secrecy of Communications and Conversations) of the Protection of Communications Secrets Act, no person may, except under the provisions of this Act, the Criminal Procedure Act, or the Military Court Act, ..Mon, 12 Aug 2024 09:56:41 GMThttps://thanktolaw.com/en/51/https://thanktolaw.com/en/51/What "publicity" means: Publicity refers to a state in which an obscene act could be perceived by an unspecified number of people. It does not require that the act be directed at a specific small group; it is enough that there is a possibility that several people could perceive it. Even if no one actually witnessed the act, publicity is recognized as long as there was a possibility that many people could have perceived it. In this sense, publicity is judged by reference to the possibility of perception by the public. What "obscenity" means: Obscenity refers to conduct that stimulates the sexual desire of an ordinary person, arouses sexual excitement, and harms a normal sense of sexual shame, thereby running counter to sound sexual morals or decent notions of sexual propriety. In other words, it includes sexual acts or expressions that society cannot tolerate. The standard for obscenity is determined by whether, from the viewpoint of an ordinary person, the conduct stimulates sexual desire and thereby negatively...Fri, 09 Aug 2024 08:19:32 GMThttps://thanktolaw.com/en/50/https://thanktolaw.com/en/50/What is fraud? Fraud is defined in Article 347 of the Korean Criminal Act. (1) A person who deceives another and thereby receives property or obtains pecuniary advantage shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 20 million. <Amended Dec. 29, 1995> (2) The same punishment as in the preceding paragraph applies to a person who, by the method described in that paragraph, causes a third party to receive property or obtain pecuniary advantage. Types of fraud Fraud is classified by the method and the target. There are simple fraud, computer-related fraud, quasi-fraud, unauthorized use of facilities, unjust enrichment, habitual fraud, and more, and the sentence is determined by the monetary scale of the fraud. Elements of fraud 1. Deceptive act A deceptive act means conduct that leads the other party into a mistaken belief. 2. Disposition based on the mistaken belief Through the deceptive act, the other party is led into a mistaken belief, and the causal link to the resulting disposition is important..Wed, 07 Aug 2024 11:19:28 GMThttps://thanktolaw.com/en/49/https://thanktolaw.com/en/49/What is defamation? Defamation as defined in Article 307 of the Korean Criminal Act is as follows: (1) A person who defames another by publicly alleging facts shall be punished by imprisonment or imprisonment without labor for not more than two years or by a criminal fine not exceeding KRW 5 million. (2) A person who defames another by publicly alleging false facts shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a criminal fine not exceeding KRW 10 million. What is honor? The concept of honor can be divided into an objective concept and a subjective concept. The objective concept encompasses internal honor and external honor, while the subjective concept refers to the feeling of honor. Internal honor is the inner value one objectively holds, independent of one's own or others' evaluation; external honor is the social evaluation of a person's human and social worth..Tue, 06 Aug 2024 10:35:30 GMThttps://thanktolaw.com/en/48/https://thanktolaw.com/en/48/What is the offense of bodily injury? The offense of bodily injury is set out in Articles 257 and 258 of the Korean Criminal Act, as follows. Article 257 (Bodily Injury, Bodily Injury to Lineal Ascendant) (1) A person who inflicts bodily injury upon another shall be punished by imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a criminal fine not exceeding KRW 10 million. <Amended Dec. 29, 1995> (2) A person who commits the offense under paragraph (1) against his or her own or his or her spouse's lineal ascendant shall be punished by imprisonment for not more than 10 years or a criminal fine not exceeding KRW 15 million. <Amended Dec. 29, 1995> (3) An attempt to commit the offense under the preceding two paragraphs shall be punished. Article 258 (Aggravated Bodily Injury, Aggravated Bodily Injury to Lineal Ascendant) (1) A person who inflicts bodily injury upon another and thereby endangers the victim's life shall be punished by imprisonment for not less than 1 year but not more than 10 years. (2) A person who, by inflicting bodily injury, causes another to suffer disability or an incurable or hard-to-cure disease shall be punished in the same manner as in the preceding paragraph. (3) Where a person commits the offense under the preceding two paragraphs against his or her own or his or her spouse's lineal ascendant...Mon, 05 Aug 2024 09:04:38 GMThttps://thanktolaw.com/en/47/https://thanktolaw.com/en/47/What is embezzlement? Embezzlement is defined in Article 355 of the Korean Criminal Act as follows. 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. Objective elements: A person who has custody of another's property means someone who, under a relationship of entrustment, is in a position to control and dispose of property left in their keeping, either in fact or in law. In other words, it refers not to physical possession of the property but to a status or authority that allows its disposal. Embezzles such property or refuses to return it: this means consumption, removal, withdrawal, concealment, sale, lending, creating a mortgage, applying it toward repayment, and the like. Subjective elements: Intent. Because embezzlement is defined under the Criminal Act, as set out in Article 13, a person cannot be punished without intent. Article 13 (Intent): an act performed without recognition of the facts that constitute the elements of a crime..Thu, 01 Aug 2024 10:29:15 GMThttps://thanktolaw.com/en/46/https://thanktolaw.com/en/46/What is criminal insult? Criminal insult is defined in Article 311 of the Korean Criminal Act as follows. Article 311 (Insult) A person who publicly insults another shall be punished by imprisonment or imprisonment without labor for not more than one year, or by a criminal fine not exceeding KRW 2 million. Criminal insult is an offense prosecutable only upon complaint, so no prosecution can be brought unless the victim files a criminal complaint. In addition, a complaint cannot be filed once six months have passed from the day the offender becomes known, and a complaint cannot be withdrawn after the first-instance judgment has been pronounced. Article 312 (Complaint and the Victim's Intent) (1) The offenses under Articles 308 and 311 may be prosecuted only upon complaint. Amended on Dec. 29, 1995. (2) The offenses under Articles 307 and 309 may not be prosecuted against the victim's expressed intent. Amended on Dec. 29, 1995. Elements of criminal insult 1. Publicity Capable of being perceived by an unspecified number of people 2. Identifiability of the person The obj..Wed, 31 Jul 2024 08:51:15 GMThttps://thanktolaw.com/en/45/https://thanktolaw.com/en/45/What are controlled substances? It is a collective term covering narcotics, psychotropic substances, and cannabis, and the Act on the Control of Narcotics (마약류 관리에 관한 법률) and its Enforcement Decree set out the definitions and the relevant components. To prevent harm to public health caused by their misuse or abuse, controlled substances are strictly regulated under the Act on the Control of Narcotics with respect to possession, ownership, use, management, import and export, manufacture, sale, and the like. General characteristics of controlled substances: 1. The craving for the drug is compulsive (dependence); 2. The amount used tends to increase (tolerance); 3. Unbearable symptoms appear when use is stopped (withdrawal symptoms); 4. The harm extends not only to the individual but to society as a whole. Types of narcotics: 1. Poppy: Papaver somniferum L. of the poppy family, Papaver setiger..Tue, 30 Jul 2024 04:52:35 GMThttps://thanktolaw.com/en/44/https://thanktolaw.com/en/44/Forgery of private documents is committed when, with intent to use it, a person forges or alters another person's document concerning rights, obligations, or proof of facts. This article explains the distinction between forgery and alteration, the offense of uttering a forged private document, and how it differs from forgery of official documents.Mon, 29 Jul 2024 07:12:00 GMThttps://thanktolaw.com/en/43/https://thanktolaw.com/en/43/Under the Stalking Punishment Act, a stalking crime is punishable by up to 3 years of imprisonment, or up to 5 years if a weapon is carried. This article covers the 5 types of stalking conduct, the repeal of the offense-not-prosecutable-against-the-victim's-will provision, and emergency measures and interim measures No. 1 through No. 4.Fri, 26 Jul 2024 04:55:00 GMThttps://thanktolaw.com/en/42/https://thanktolaw.com/en/42/What is breach of trust? Article 355 of the Korean Criminal Act defines breach of trust as follows: a person who, while administering another's business, obtains a pecuniary advantage or causes a third person to obtain it, in breach of their duty, and thereby causes loss to the principal, shall be punished by imprisonment for not more than five years or a criminal fine not exceeding KRW 15 million. Objective elements: the elements of breach of trust are 'a person who administers another's business,' 'an act in breach of duty,' 'a pecuniary advantage,' and 'causing loss.' 1. A person who administers another's business: in the context of breach of trust, 'a person who administers another's business' refers to someone who, in an internal relationship with another and in light of the principle of good faith, comes to stand in a fiduciary relationship to administer that person's business, and who, on the basis of that relationship, holds a position in which protecting and managing the other's pecuniary interests is the typical and essential content of the fiduciary relationship ..Thu, 25 Jul 2024 09:03:25 GMThttps://thanktolaw.com/en/41/https://thanktolaw.com/en/41/Rape is one form of sexual violence. Sexual violence includes not only rape and indecent assault but also verbal sexual harassment, obscene messages, hidden-camera offenses, and any other physical or psychological violence inflicted against another person's will. Among these, sexual assault refers to rape and attempted rape. Rape means forcibly having sexual intercourse with a person through assault or intimidation. Punishment for sexual assault The punishment for sexual assault prescribed by the Criminal Act is as follows. Article 297 (Rape) A person who rapes another by means of assault or intimidation shall be punished by fixed-term imprisonment of at least three years. Article 297-2 (Quasi-Rape) A person who, by means of assault or intimidation, inserts the genitals into the inside of another person's body such as the mouth or anus (excluding the genitals), or inserts part of the body such as a finger (excluding the genitals) or an instrument into the genitals or anus, shall be punished by fixed-term imprisonment of at least two years. Article 301 (...Wed, 24 Jul 2024 06:11:24 GMThttps://thanktolaw.com/en/40/https://thanktolaw.com/en/40/What is false accusation? Article 156 of the Korean Criminal Act defines false accusation as follows: Anyone who, with intent to have another person subjected to criminal or disciplinary punishment, files a false report with a public office or public official shall be punished by imprisonment for up to 10 years or a criminal fine of up to KRW 15 million. <Amended on Dec. 29, 1995> When does false accusation become established? The offense is established the moment the false report reaches the investigative authorities. In other words, even if the report is later withdrawn, the offense still stands, and it is established even if no investigation was ever launched. Confession in false accusation cases: Articles 153 and 157 of the Criminal Act govern the treatment of a confession as follows. Where a person who has committed perjury or false accusation confesses or voluntarily surrenders before the trial or disciplinary proceedings concerning the matter stated have become final, the punishment shall be mitigated or remitted. However, in false accusation cases..Tue, 23 Jul 2024 06:09:59 GMThttps://thanktolaw.com/en/39/https://thanktolaw.com/en/39/Drunk driving refers to a violation of the ban on driving while intoxicated, as defined in Article 44 of the Korean Road Traffic Act. It applies to motor vehicles (including construction machinery), trams, and bicycles. An intoxicated state means a blood alcohol concentration (BAC) of 0.03 percent or higher. Drunk driving is one of the 12 categories of gross negligence and is a serious crime that endangers not only the driver but also others. Still, even after committing a DUI, it is important to exercise your right to a legal defense, such as by consulting an attorney, and to seek relief appropriate to your situation. DUI penalty standards Person who drove while intoxicated>Blood alcohol concentration Penalty 0.2 percent or higher Imprisonment of 2 to 5 years or a criminal fine of KRW 10 million to 20 million 0.08 percent or higher but under 0.2 percent Imprisonment of 1 to 2 years or a criminal fine of KRW 5 million to 10 million 0.03 percent or hig..Mon, 22 Jul 2024 08:14:42 GMThttps://thanktolaw.com/en/38/https://thanktolaw.com/en/38/Using a corporate card for personal purposes is a criminal offense. Because the card is issued in the name of the company (the corporation) and is being used for private ends, anyone can be prosecuted regardless of their rank. And if a large amount, rather than a trivial one, is charged to a corporate card, an actual prison sentence may even be handed down. The difference between embezzlement and breach of trust. Many people mistakenly believe that using a corporate card for personal purposes amounts to embezzlement. In reality, however, using a corporate card privately constitutes breach of trust. Both embezzlement and breach of trust cause damage to property and can be understood as acts that betray a position of trust. The two, however, are defined with different subjects and objects. In embezzlement the object is property (a physical thing), whereas in breach of trust the object is a financial benefit. Embezzlement applies where a person entrusted with another's property embezzles it or refus..Thu, 18 Jul 2024 11:21:21 GMThttps://thanktolaw.com/en/37/https://thanktolaw.com/en/37/Tougher penalties for drunk drivingPenalties for drunk driving have been dramatically strengthened in recent years. As criminal punishment for casualties caused by drunk driving has become far stricter, the likelihood of receiving a prison sentence even from a single accident has increased significantly. The former three-strikes (three-time) system has been changed to a two-strikes (two-time) system, so the chances of an actual prison sentence being handed down even after a second drunk driving offense have risen. This is a powerful measure aimed at lowering the recidivism rate for drunk driving, and it shows that drunk driving is no longer regarded as a mere mistake but as a serious criminal act. The tougher penalty standards reflect the gravity of accidents caused by drunk driving. Drunk driving threatens not only the driver's own life but also the lives and safety of others. While intoxicated, judgment becomes clouded and reaction times slow, increasing the chance of an unexpected accide..Wed, 17 Jul 2024 09:05:43 GMThttps://thanktolaw.com/en/36/https://thanktolaw.com/en/36/Card kiting (kaddeukkang) refers to the illegal practice of converting credit card limits into cash. Typically, it works by using a credit card to generate fake sales, then handing back the remaining amount in cash after deducting a fee. In the process, the cardholder is charged high interest paid in advance or steep fees, and ultimately ends up sinking deeper into debt. Card kiting can take many forms, mainly classified as gift-card kiting, meal kiting, corporate-card kiting, micropayment kiting, mobile-phone kiting, PayPal kiting, transit-card kiting, and more. These operators are set up so that they can offer card kiting services anywhere card payments are accepted. Card kiting is an illegal act strictly prohibited by law, and using it is the same as taking part in illegal activity. It undermines law and order, and..Mon, 15 Jul 2024 09:28:14 GMThttps://thanktolaw.com/en/35/https://thanktolaw.com/en/35/On drug testing and punishment: if you test positive in a drug-related test, can you face severe punishment even as a first-time offender? Drug testing is usually carried out through various methods such as urine and hair analysis. Urine offers high precision in determining recent drug use, while hair can reveal drug use from as far back as one year ago. In addition, the precise testing technology used by the government can detect even trace amounts of drug substances. As a result, there is almost no way to hide drug substances in a drug test. Korea follows a zero-tolerance policy toward drug crimes, and even first-time offenders can face strict punishment. In particular, with domestic drug crimes surging in recent years, the investigation and punishment of drug-related offenses have been further strengthened. If you test positive in a drug test, ..Thu, 11 Jul 2024 06:08:22 GMThttps://thanktolaw.com/en/34/https://thanktolaw.com/en/34/Illegal recording and penalty provisions: Under the Protection of Communications Secrets Act, no one may censor mail, intercept telecommunications, provide communication confirmation data, or record or listen to private conversations between others that are not open to the public, except as provided by this Act, the Criminal Procedure Act, or the Military Court Act. However, exceptions are recognized in certain cases as prescribed by law. Such acts are therefore deemed illegal. A person who, in violation of the law, censors mail, intercepts telecommunications, or records or listens to private conversations between others that are not open to the public, as well as a person who discloses or divulges the contents of such communications or conversations, may be subject to imprisonment of not less than one year and not more than ten years, together with suspension of qualifications for not less than five years. Whether wiretapping is illegal: Secretly recording another person's conversation is illegal. This is called wiretapping, and it includes secretly recording other people's conversations, the contents of meetings, and phone ..Wed, 10 Jul 2024 09:36:23 GMThttps://thanktolaw.com/en/33/https://thanktolaw.com/en/33/When facing legal trouble, most people worry about their rights and how they will be treated. Criminal cases in particular are often difficult to handle on your own. In situations like these, hiring a criminal defense attorney is a critically important choice. Legal Knowledge and ExpertiseThe legal knowledge and expertise of a criminal defense attorney play a crucial role in responding effectively to a criminal case. These attorneys have built up deep knowledge and extensive experience in the legal field, which allows them to understand complex legal procedures and rules and to handle the case. First, legal knowledge is one of the essential competencies of a criminal defense attorney. The law is made up of complex and varied rules..Tue, 09 Jul 2024 06:03:24 GMThttps://thanktolaw.com/en/32/https://thanktolaw.com/en/32/What is criminal intimidation? Saying something threatening just to scare the other person a little can amount to a crime. In criminal intimidation, a threat generally means communicating harm of a kind serious enough to instill fear in a person. Because criminal intimidation can be established even if you had no intention of actually harming the other person, caution is needed. So in what situations is criminal intimidation made out? Elements of criminal intimidation. Criminal intimidation refers to communicating harm with the aim of instilling fear in the other person. Judged objectively, if it would generally cause a person to feel fear, the offense is established. Harm means a statement relating to the other person's life, liberty, reputation, body, property, and the like, and whether expressly, verbally, or even silently, if there was some form of conduct, criminal intimidation can be established through that communication..Mon, 08 Jul 2024 02:28:50 GMThttps://thanktolaw.com/en/31/https://thanktolaw.com/en/31/What is a suspended sentence? A suspended sentence (probation) is a system that postpones the execution of a sentence for a set period; if that period passes without incident, the sentence loses its effect and is never carried out. It gives the defendant a chance to return to society without serving the sentence. Requirements for a suspended sentence A suspended sentence postpones the execution of a sentence when certain conditions are met, and it applies when, after weighing legal and social factors, the court concludes the defendant is unlikely to reoffend. It may be considered only where the court imposes imprisonment or imprisonment without labor of up to three years, or a criminal fine of up to KRW 5 million. The court must also weigh the sentencing factors set out in Article 51 of the Korean Criminal Act, which include the defendant's age, conduct, intelligence and environment, relationship with the victim, the motive, means, and result of the offense, and the circumstances afterward..Thu, 04 Jul 2024 09:54:29 GMThttps://thanktolaw.com/en/30/https://thanktolaw.com/en/30/The offense of harboring a criminal—also known as concealing a criminal—refers to the act of hiding or helping to escape a person who has committed a crime punishable by a criminal fine or a heavier penalty. This provision is designed to punish conduct that helps an offender evade the judgment of the law, and its scope ranges from simply providing a hiding place to various forms of assistance aimed at helping the person flee. The offense of harboring a criminal is set out in Article 151 of the Korean Criminal Act, under which a person who helps a criminal escape is liable to imprisonment for up to three years or a criminal fine of up to KRW 5 million. The elements of the offense of harboring a criminal are as follows. First, the target must be 'a person who has committed a crime punishable by a criminal fine or a heavier penalty.' This means that minor offenses do not qualify. Second, the defendant must have 'concealed the criminal or helped the criminal escape.' ..Tue, 25 Jun 2024 08:06:12 GMThttps://thanktolaw.com/en/29/https://thanktolaw.com/en/29/Can you be charged with drunk driving off public roads? Driving under the influence in places other than public roads can still lead to criminal punishment. Under Article 2 of the Korean Road Traffic Act, a "road" means any place open to the passage of the general public, which includes roads, parking lots, roads within apartment complexes, and any other place the public can travel through. Accordingly, drunk driving in a parking lot or on a road within an apartment complex can also be subject to punishment. The criminal punishment for drunk driving applies equally whether the driving takes place on a public road or off it. If you are caught driving under the influence, you may face criminal penalties such as a criminal fine or imprisonment depending on your blood alcohol concentration. Even when drunk driving occurs off public roads, the danger it poses is no different from drunk driving on a road, so legal punishment cannot be avoided. Administrative dispositions such as the revocation or suspension of a driver's license ..Wed, 19 Jun 2024 09:13:53 GMThttps://thanktolaw.com/en/28/https://thanktolaw.com/en/28/What is fraud? Fraud is the crime of deceiving someone to take property or obtain an unlawful financial benefit, and it is also established when such a benefit is conferred on a third party. Because this crime exists to protect an individual's property, it is not established by the mere fact of deception, nor does it apply where an interest other than property has been infringed. These rules are set out in Article 347 of the Korean Criminal Act and Article 246 of the Japanese Penal Code. Elements of fraud: For fraud to be established, the elements of deceptive conduct, a disposing act, the victim's financial loss, intent, and the intent of unlawful appropriation must all be satisfied. The first element of fraud is deceptive conduct that misleads a person into a mistaken belief. This includes active conduct, passive conduct, explicit conduct, and implicit conduct, and need not be a false statement about an essential part of a juristic act..Tue, 18 Jun 2024 05:07:42 GMThttps://thanktolaw.com/en/27/https://thanktolaw.com/en/27/What is defamation by statement of fact? Can you really be punished for defamation even when what you said is true? Yes. You can be punished for defamation by statement of fact. Defamation by statement of fact refers to harm to someone's reputation caused by stating a fact. Stating a fact means lowering the social standing of the victim, and defamation is established when all three elements are present: publicity (a state where many people can become aware of the statement), the statement of a fact, and intent. Whether it is defamation by statement of fact or defamation by statement of a false fact, for the offense of defamation to be established, the act must involve stating a specific fact sufficient to lower a person's reputation, carried out with the intent to damage another person's honor. Defamation by statement of a false fact occurs when someone harms another person's reputation by stating a false fact. Defamation by statement of a false fact..Wed, 12 Jun 2024 10:20:26 GMThttps://thanktolaw.com/en/26/https://thanktolaw.com/en/26/Perjury is the legal term for lying in court. The offense is established when a witness gives a false statement that lacks legal credibility. Because it distorts or conceals the truth in court, perjury is treated as a serious crime. This article explains what perjury is, the requirements for the offense, the penalties, and why you may need an attorney. What is perjury? Perjury refers to giving a false statement in court. Truth is essential in court, and perjury obstructs these legal proceedings and can lead to serious consequences. Perjury is regarded as conduct that undermines social trust and interferes with a fair trial. Requirements for perjury For perjury to be established, the following requirements must be met: A witness under oath: the person must be a witness who has taken an oath as required by law. Statements made before an investigative agency, or statements by a witness who has not..Tue, 11 Jun 2024 11:06:46 GMThttps://thanktolaw.com/en/25/https://thanktolaw.com/en/25/A juvenile offender under 14 is a minor aged 10 or older but under 14, who receives a protective disposition under the Juvenile Act instead of criminal punishment. This article explains the age criteria, the protective dispositions from No. 1 to No. 10, the difference from a juvenile delinquent subject to prosecution, and what victims and guardians need to know.Tue, 04 Jun 2024 01:32:00 GMThttps://thanktolaw.com/en/24/https://thanktolaw.com/en/24/Voice phishing scams are punished severely not only for those who run the operation, but also for minor participants such as cash collectors and people who lend out their bank accounts. This article summarizes the applicable laws—including fraud, the Telecommunications Fraud Refund Act, and the Electronic Financial Transactions Act—and the trend in case law on finding criminal intent.Tue, 28 May 2024 06:47:00 GMThttps://thanktolaw.com/en/23/https://thanktolaw.com/en/23/License Revocation and SuspensionIf you drive under the influence, your license may be revoked or suspended according to certain standards. For a first-time DUI offense with a blood alcohol concentration of 0.03% or higher but below 0.08%, you receive 100 penalty points and a 100-day license suspension. Otherwise, if your blood alcohol concentration is 0.08% or higher, or if you have two or more DUI offenses, your license is revoked, and the length of the revocation also varies depending on whether it was simple drunk driving, an accident causing property damage, or an accident causing injury. Penalties by Alcohol LevelUnder current law, you can be punished for drunk driving with a blood alcohol concentration of just 0.03%. This is a level that can easily be reached by drinking only one or two glasses of alcohol during a meal. Therefore, if you have had even one drink, it is important not to drive. DUI penalties involve both administrative penalties and criminal penalties. ..Thu, 23 May 2024 02:32:05 GMThttps://thanktolaw.com/en/22/https://thanktolaw.com/en/22/Traffic accident settlement agreement formWhen a traffic accident occurs, a settlement should be reached. A traffic accident settlement agreement form usually includes the personal details of the at-fault party and the victim, the date and time the accident occurred, the location, a contract stating that a settlement has been reached, and the signatures of both parties.In addition, the components of a settlement agreement form include the name of the accident, the date of the accident, a description of the accident, the extent of the damage, and the terms of the settlement. The accident name should be entered as a name that identifies the accident, and for the accident date, the more specifically you record it down to the time, the better. The accident description should set out the circumstances and a clear, orderly account of how the accident occurred, followed by the damage that resulted from the accident. Based on this, you record the terms agreed upon by both parties, the date the settlement agreement was drawn up, and the personal information of the at-fault party and the victim.Drawing up a settlement agreement..Tue, 21 May 2024 09:59:57 GMThttps://thanktolaw.com/en/21/https://thanktolaw.com/en/21/The Narcotics Control Act exists to ensure the proper handling and management of narcotics, psychotropic substances, cannabis, and raw materials, and to provide for the treatment and prevention of drug addiction. By preventing the harm to public health caused by misuse or abuse, the Act aims to improve national health and help build a healthier society. The provisions of the Act on the Management of Narcotics, etc. are as follows. Article 1 (Purpose) The purpose of this Act is to contribute to improving national health by preventing harm to public health caused by the misuse or abuse of narcotics, psychotropic substances, cannabis, and raw materials, through their proper handling and management. Article 2 (Definitions) The terms used in this Act are defined as follows. 1. The term 'narcotics, etc.' means narcotics, psychotropic substances, and cannabis. Under the Narcotics Control Act, narcotics include substances derived from the opium pop..Fri, 17 May 2024 05:07:29 GMThttps://thanktolaw.com/en/20/https://thanktolaw.com/en/20/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, ..Thu, 16 May 2024 09:59:48 GMThttps://thanktolaw.com/en/19/https://thanktolaw.com/en/19/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.Tue, 14 May 2024 02:08:00 GMThttps://thanktolaw.com/en/18/https://thanktolaw.com/en/18/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.Thu, 09 May 2024 05:21:00 GMThttps://thanktolaw.com/en/17/https://thanktolaw.com/en/17/What is unlicensed driving? One of the dangerous acts that violate the Road Traffic Act, unlicensed driving refers to operating a vehicle without having obtained a driver's license. It poses a serious danger not only to the driver but also to nearby pedestrians and passengers. Many traffic accidents result from it, and the casualties and property losses caused by such accidents reach a considerable scale. Penalties for unlicensed driving are strictly defined by law and can lead to serious legal consequences for the driver. Penalties for unlicensed driving: even a first-time offender can be sentenced to actual imprisonment. And if it is not a first offense, the likelihood of receiving an actual prison sentence is even higher. The same applies to the probationary period. The penalty for simple unlicensed driving is, for a first-time offender, imprisonment of up to one year and a fine of up to KRW 3 million, but this is only the first-offense standard ..Wed, 08 May 2024 09:20:10 GMThttps://thanktolaw.com/en/16/https://thanktolaw.com/en/16/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..Tue, 07 May 2024 09:43:57 GMThttps://thanktolaw.com/en/15/https://thanktolaw.com/en/15/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..Fri, 03 May 2024 06:49:28 GMThttps://thanktolaw.com/en/14/https://thanktolaw.com/en/14/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..Thu, 02 May 2024 12:02:44 GMThttps://thanktolaw.com/en/13/https://thanktolaw.com/en/13/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...Tue, 30 Apr 2024 05:25:05 GMThttps://thanktolaw.com/en/12/https://thanktolaw.com/en/12/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..Mon, 29 Apr 2024 09:39:09 GMThttps://thanktolaw.com/en/11/https://thanktolaw.com/en/11/Larceny is the crime of stealing another person's property. In countries that place great importance on protecting private property, property rights are protected on a par with human rights, so larceny is classified as a serious crime alongside murder and robbery, which directly harm people. Another person's property refers to property owned and possessed by someone else, and taking or stealing it is wrong both morally and legally. Types of larceny include the following: 1) Simple larceny - the act of stealing another person's property, punishable by imprisonment for up to 6 years or a criminal fine of up to KRW 10 million. 2) Nighttime residential-trespass larceny - the act of entering a dwelling at night and stealing another person's property, punishable by imprisonment for up to 10 years, with a 7-year statute of limitations. 3) Special larceny - breaking part of a door, wall, or other structure at night and trespassing, or...Fri, 26 Apr 2024 10:29:31 GMThttps://thanktolaw.com/en/10/https://thanktolaw.com/en/10/Because of their danger and far-reaching consequences, drugs are treated as illegal in most countries. Yet as social media has gone mainstream alongside the growth of the internet, posts promoting drugs under the cover of anonymity have surged. Charge of drug advertising: under the drug-control statute, advertising acts whose manufacture and sale are prohibited..Wed, 24 Apr 2024 08:33:49 GMThttps://thanktolaw.com/en/9/https://thanktolaw.com/en/9/If you pick up an item someone else has lost and, instead of returning it, you use or keep it, you may be punished for misappropriation of lost property (jeomyumul italhoengnyeong-joe) under Article 360 of the Korean Criminal Act. Punishment for misappropriation of lost property: Article 360 provides that anyone who embezzles lost property, drifted articles, or any other property that has left another person's possession shall be punished by imprisonment of up to one year or a criminal fine of up to KRW 3 million. This offense covers the embezzlement of lost property, drifted articles, buried articles, or any property that has left another person's possession. Put simply, it is the offense that arises when you take something that someone else has lost or left behind. If a taxi driver sells a mobile phone left behind by a passenger and pockets the profit, that conduct is not larceny but misappropriation of lost property. The drifted and buried articles referred to here are lost property..Fri, 19 Apr 2024 10:33:19 GMThttps://thanktolaw.com/en/8/https://thanktolaw.com/en/8/The recent surge in drug use and the dangers and penalties behind it. Drug-related issues are one of the major concerns in our society. Over the past few years, drug-related crimes and drug use have surged. In this context, let's look at what dangers and penalties you may face if you use drugs. First, drug use is strictly punished under the law. Under the Act on the Control of Narcotics, drug use can be punished with a criminal fine or imprisonment. In particular, as the number of drug offenders increases, the severity of punishment is rising. Moreover, indiscriminate drug use can cause serious harm not only to individuals but also to their families and society. Second, the investigation and punishment of drug-related crimes are being strengthened. Crimes such as possession, distribution, and sale of drugs can be severely punished. In particular, if someone is involved in drug distribution..Wed, 17 Apr 2024 07:36:14 GMThttps://thanktolaw.com/en/7/https://thanktolaw.com/en/7/School violence cases come in many forms. They include physical assault, verbal abuse, exclusion, and extortion of money or property. In recent years, the severity of these offenses has been escalating. As time goes on, increasingly serious matters are surfacing as school violence, and victimized students often file a police report at the same time they report the incident to the school. As a result, once school violence occurs, it can no longer be brushed aside as a simple reprimand or reconciliation; cases now go beyond the School Violence Committee to juvenile trials and, in severe instances, even criminal trials. When a school violence incident occurs, the types of penalties imposed include school disciplinary measures for school violence, protective dispositions for juveniles, and criminal punishment. School disciplinary measures for school violence Disciplinary measures for school violence are imposed through the School Violence Committee once a report is filed with the school. They range from Measure No. 1 to Measure No. 9, and..Mon, 15 Apr 2024 10:50:54 GMThttps://thanktolaw.com/en/6/https://thanktolaw.com/en/6/12 Categories of Gross Negligence in Traffic Accidents The 12 categories of gross negligence in traffic accidents refer to accidents caused by a driver's carelessness or violation of traffic laws. This describes situations where a driver fails to comply with traffic safety regulations, or disregards an accident risk or rule that goes unrecognized while driving. Traffic accidents resulting from driver carelessness can undermine traffic safety and cause harm to life and property, and they carry criminal penalties accordingly. Traffic accidents can occur due to a driver's carelessness, and they are treated as serious matters that threaten traffic safety. In particular, the 12 categories of gross negligence in traffic accidents encompass accidents that occur when a driver breaks traffic laws or ignores safety rules. These traffic accidents are recognized as problems tied not only to an individual driver's carelessness but also to public safety, and legal respon..Thu, 11 Apr 2024 08:35:57 GMThttps://thanktolaw.com/en/5/https://thanktolaw.com/en/5/DUI Penalties Drunk driving is regarded as a very serious crime in society, and the accidents it causes can lead to grave consequences. A person caught driving under the influence may face a range of penalties, including revocation or suspension of their driver's license, a criminal fine, and criminal punishment. Because drunk driving is an offense that can result in various forms of punishment and carry serious consequences, you must never do it. If you are caught driving under the influence, you should take appropriate steps by consulting an attorney. Why You Should Hire a DUI Attorney Drunk driving is conduct that can never be condoned. Even so, after an accident caused by drunk driving, it is often followed by deep regret and remorse. Claims such as promising never to drink and drive again, or that it was a momentary mistake and you are truly sorry..Fri, 05 Apr 2024 08:33:15 GMThttps://thanktolaw.com/en/4/https://thanktolaw.com/en/4/Forged juvenile ID cards Recently, more and more innocent shops are being hit with suspension-of-business orders because of ID cards that juveniles have forged. On top of that, some juveniles use forged ID cards to buy alcohol or cigarettes and then use that to blackmail the shop. Because these ID cards are easy to buy through social media and the like, they are becoming increasingly accessible. According to reported cases, forgeries made from the same material as a real ID card are selling for anywhere from hundreds of thousands of won up to around KRW 1 million. However, such conduct is not merely a youthful indiscretion but is treated as a serious crime that can lead to various charges and heavy punishment. In reality, even a juvenile can be put on criminal trial and sentenced to imprisonment. Up to 10 years of imprisonment for forging an ID card An ID card is a document issued by the state, and forging an ID card..Wed, 03 Apr 2024 09:06:37 GMThttps://thanktolaw.com/en/3/https://thanktolaw.com/en/3/1. Points to remember during a police investigation for drunk driving If you are caught at a DUI checkpoint or reported by another person, a procedure to measure your blood alcohol concentration is carried out on the spot, and the key point here is that you must not refuse the on-site breath test. You also must not deliberately interfere with the measurement. If you fail to properly comply with the police's request during this process, you may face aggravated punishment for obstruction of official duties in addition to the drunk driving charge. Later, when you appear before the police for questioning, you must not misstate your account due to the pressure and stress. Because the statements you make during the police investigation greatly affect how the case proceeds and the trial, it is also important to give a cooperative and proactive account. 2. The severity of criminal punishment for drunk driving When caught for drunk driving, if your blood alcohol concentration reaches the minimum threshold of 0.03..Mon, 01 Apr 2024 09:12:27 GMThttps://thanktolaw.com/en/2/https://thanktolaw.com/en/2/1. Precedents and Case Law on Hit-and-Run Accidents When a hit-and-run accident occurs, the relevant legal provisions, Article 54 and Article 148, apply. If the driver fails to take measures such as aiding the victims and providing necessary information, they may face punishment. There was a case in which a driver operating a rental car on Jeju Island seriously injured eight pedestrians and then fled the scene. In that case, the punishment was determined based on the driver's act of causing the accident and leaving the scene, as well as the condition of the victims and the scale of the harm. Where a victim suffers bodily injury, a criminal fine of at least KRW 5 million and up to KRW 30 million or imprisonment of at least one year may be imposed, and where a victim dies or sustains serious injury, imprisonment of at least five years or life imprisonment may be handed down. In addition, ..Fri, 29 Mar 2024 09:28:31 GMT