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My Korean Court Case
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metalhead



Joined: 18 May 2010
Location: Toilet

PostPosted: Tue Jan 22, 2013 3:43 am    Post subject: My Korean Court Case Reply with quote

If you have been reading this site for a while, you would know that I was attacked by a Korean guy while walking down the road (because apparently my friend was urinating in the middle of a busy road, right after we had left a restaurant where we were sitting right by the bathroom).

Well, about two months ago I received a text on my phone saying I am going to get a fine in the mail to the tune of 2 million won. I would have discounted it as spam as it was a 055 number (Gyeongsangnamdo's area code), but it had my first name in hanguel in the message. My friend received no such message (we were both whacked with 2 mil fines, nothing for the Korean guy and his witnesses - sorry, friends that attacked us), and it was only after I mentioned it to a Korean friend who called them and discovered that it was legit and that we had seven days to appeal the fines we still have not received. Nice move, that.

I had my second court appearance today, just to sit there for two minutes and be told that the next court date is on February 5th, where the Korean guy that attacked me (who has changed his story three times now) will be there with 'witnesses'. His latest story? We were standing in the middle of the road, my friend was urinating, and he came up to us saying 'No! No!' and we attacked him.

Our statements have been discounted, I've been repeatedly told that his statement is fact, it matters not that I ended up in hospital to have an operation, while his nose was bloody and supposedly broken, or that he keeps calling our schools (because the cops told him where we work) trying to get us fired - nothing matters.

Why I spent time with my lawyer presenting my case does not matter, because I am guilty. We've both been hit with 2 million won fines, the lawyer has not said anything in court in my favor, when I was told today that the Korean guy would be there with so-called witnesses at the next court date and asked if I could bring in witnesses, I was told that only the prosecutor can.

The court is in another city, I'm not sure how much longer I can keep taking days off work for this as it appears to be a war of attrition, and having my court interpreter today telling me that life is unfair, and I should just accept it - well, I'm going to keep trying. I went today to the street where I got attacked to see for sure if there is CCTV there, and the same Korean guy that attacked me popped out of a restaurant (he owns a corner restaurant there), in a very aggressive manner swearing at me in Korean. I just walked off.

Be careful out there, and woe to you that ever tries to, oh, I dunno, seek some kind of justice here if you are white, brown or black. The color of your skin is sin in the legal system here.
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nautilus



Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!

PostPosted: Tue Jan 22, 2013 4:11 am    Post subject: Reply with quote

Why not just do a runner?

You could be in China by tomorrow morning and probably have a new job by the evening.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Tue Jan 22, 2013 6:32 am    Post subject: Reply with quote

nautilus wrote:
Why not just do a runner?

You could be in China by tomorrow morning and probably have a new job by the evening.


Rolling Eyes

If I were the OP I'd stick with the criminal case and pay the W2 million if need be then forget about the whole thing. If you want to stay in S. Korea you won't be deported since the fine is only W2 million. Don't bother appealing because you probably won't win. And if they sue you for damages in civil court don't go. Even if they were to win in civil court they can't make you pay. I don't know your worth but if you don't have any property they can't get anything out of you. Just don't answer or sign any registered mail or answer the door when the mailman comes. When the postman puts a sticker on your door just leave it there and each one thereafter. If you lose in criminal court you'll most likely lose in civil. I didn't read all 8 pages on your other thread so I don't know any personal things about your situation so...Or move to a new city in S. Korea(new immigration office) and find a new job, they won't be able to find you. Act like you're moving back home and cut off all ties/co-workers since you won't be able to trust them nor should you. If you're not in Seoul, move there but don't tell anyone. Just remember that it's not a crime to lie to the Korean police so if/when he changed his story at the police station or wherever it doesn't matter. Now, if he were to lie in court that would be a different matter but you can bet the judge will believe him anyway-Korean blood has been spilt so...


Last edited by Los Angeloser on Tue Jan 22, 2013 7:16 am; edited 2 times in total
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metalhead



Joined: 18 May 2010
Location: Toilet

PostPosted: Tue Jan 22, 2013 7:13 am    Post subject: Reply with quote

nautilus wrote:
Why not just do a runner?

You could be in China by tomorrow morning and probably have a new job by the evening.


Because unlike you my Zimbabwean refugee I honor my contracts and tend to stick up for what is right. You're one of the biggest whiners on this board, why don't YOU pull a runner?
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Seoulman69



Joined: 14 Dec 2009

PostPosted: Tue Jan 22, 2013 7:32 am    Post subject: Reply with quote

Your situation is sad and a reality check for me. Is there any way to publicize how you have been mistreated? If i were in your shoes i would consider leaving Kodea because i would struggle to continue living in a country that has treated me so unjustly.
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Tue Jan 22, 2013 7:39 am    Post subject: Reply with quote

When a prosecutor decides to take a criminal case to a Korean court they win 90% of the time or more.
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metalhead



Joined: 18 May 2010
Location: Toilet

PostPosted: Tue Jan 22, 2013 8:25 am    Post subject: Reply with quote

Los Angeloser wrote:
When a prosecutor decides to take a criminal case to a Korean court they win 90% of the time or more.


I took the case to court. In fact, I insisted because I know I am right. Well, I thought I was right, same as when I told the cops I want to press charges, and when my friend told them we had witnesses. Which means nothing in the Korean judicial system. I have to contact news agencies about this and at least hope no one else makes the mistake of living here. It's just not worth it if this can happen to anyone that is non-Korean.
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Wiltern



Joined: 23 Sep 2009

PostPosted: Tue Jan 22, 2013 12:24 pm    Post subject: Re: My Korean Court Case Reply with quote

metalhead wrote:
Be careful out there, and woe to you that ever tries to, oh, I dunno, seek some kind of justice here if you are white, brown or black. The color of your skin is sin in the legal system here.


Sucks for you. But instead of pulling the race card, why not look at the root of the problem and put some blame on your idiot friend. Urinating in the middle of a busy road....seriously?
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Tue Jan 22, 2013 1:11 pm    Post subject: Reply with quote

metalhead wrote:
Los Angeloser wrote:
When a prosecutor decides to take a criminal case to a Korean court they win 90% of the time or more.


I took the case to court. In fact, I insisted because I know I am right. Well, I thought I was right, same as when I told the cops I want to press charges, and when my friend told them we had witnesses. Which means nothing in the Korean judicial system. I have to contact news agencies about this and at least hope no one else makes the mistake of living here. It's just not worth it if this can happen to anyone that is non-Korean.


Well then if that's true it sounds like you filed a complaint and the police sent it to the prosecutor and he is prosecuting the defendant in criminal court. If so, the odds are on your side. You mentioned a 2 million Won fine which made me think it's criminal court. But is sounds strange that the prosecutor would tell you that you won't win as you also mentioned. Is it possible that even though you filed the complaint the other guy did too and the prosecutor decided to prosecute you instead? Are you "peegu"/defendant? I doubt the Korean is facing any 2 million Won fine, it's only you, you got cheated from the start. A court appointed defending attorney is defending you and you'll probably be found guilty of assault, the Korean cannot be found guilty of assault since he isn't the defendant? Whether he assaulted you isn't the matter at hand in court?


Last edited by Los Angeloser on Tue Jan 22, 2013 1:29 pm; edited 1 time in total
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Tue Jan 22, 2013 1:15 pm    Post subject: Re: My Korean Court Case Reply with quote

Wiltern wrote:
But instead of pulling the race card, why not look at the root of the problem and put some blame on your idiot friend. Urinating in the middle of a busy road....seriously?

Rolling Eyes Give me a 10er for every Korean I've seen doing that over the years without getting assaulted, and you'd be handing over half your pay check. Kreist I've seen it happen at 3pm, a guy pissing on a street post as a busload of people went by. How about the drunk granny I saw squat and piss by the side of a river overpass on a Sunday afternoon as families strolled past?

Now , for the other half of your paycheck, how about those scooters on busy sidewalks? Seriously,it's kinda... illegal!
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Jan 22, 2013 2:52 pm    Post subject: Reply with quote

Los Angeloser wrote:
Are you "peegu"/defendant?

피고=defendant
피구=dodgeball
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Tue Jan 22, 2013 4:34 pm    Post subject: Re: My Korean Court Case Reply with quote

Wiltern wrote:
metalhead wrote:
Be careful out there, and woe to you that ever tries to, oh, I dunno, seek some kind of justice here if you are white, brown or black. The color of your skin is sin in the legal system here.


Sucks for you. But instead of pulling the race card, why not look at the root of the problem and put some blame on your idiot friend. Urinating in the middle of a busy road....seriously?


While urinating in public is illegal, are you saying someone doing it deserves to be hit? If so, you have a warped sense of justice.
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nautilus



Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!

PostPosted: Tue Jan 22, 2013 6:11 pm    Post subject: Reply with quote

metalhead wrote:
You're one of the biggest whiners on this board, why don't YOU pull a runner?


Because I'm not the one unable to control myself in public?

I was on your side you teat.

You're paying the price of being an idiot. Man up and resolve to stop being such a juvenile from now on.
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escarole



Joined: 06 Nov 2009

PostPosted: Tue Jan 22, 2013 7:31 pm    Post subject: Reply with quote

metalhead, the injustice of your situation is truly appalling.

It seems like making the case into a high-profile one is the only option if you want to have any chance of winning. In other words by complaining loudly about SK being a country that doesn't respect human rights. Not just to newspapers in South Korea but also (especially) in your home country and all seven E2 eligible countries, for that matter.

It could dovetail nicely with the recent controversy about foreign teacher HIV testing being a violation of human rights.

http://www.voanews.com/content/s-korea-hit-with-discrimination-claim-over-mandatory-hiv-testing-of-foreign-teachers/1441789.html

http://www.scribd.com/doc/117627609/HIV-AIDS-Tests-as-a-Proxy-for-Racial-Discrimination

http://populargusts.blogspot.kr/2012/08/i-mentioned-few-weeks-ago-that-korea.html

Also, the phenomenal popularity of Gangnam Style followed by the outing of Psy's anti-US lyrics lends to a climate that might be willing to publish more stuff critical of SK. In the USA, at least.

The weird thing in all this is, the judge may rule you have to pay a fine, and you might see this as a way of being forced to admit you were in the wrong when in fact nothing could be further from the truth... but there is something about this interpretation that is askew. There is something that gets seriously lost in translation between the western and korean idea of "law."

Whereas myself as a westerner would see having to pay that fine as equivalent to being forced to confess to a crime I didn't commit...

The truth of the situation in Korea seems to be that having to pay the fine is actually what is done in lieu of said confession.

It may be impossible to believe, but try it on. It might be an eye-opener.

Regardless, I hope the situation improves, and if living in Korea is your only experience as an expat, I hope you'll try another country too.
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Zyzyfer



Joined: 29 Jan 2003
Location: who, what, where, when, why, how?

PostPosted: Tue Jan 22, 2013 7:56 pm    Post subject: Reply with quote

For those attacking the "urinating" friend, did the definition of "apparently" apparently change?

metalhead wrote:
(because apparently my friend was urinating in the middle of a busy road, right after we had left a restaurant where we were sitting right by the bathroom)


Sucky situation but if the other guy is actively trying to get you fired and your own lawyer isn't even looking out for you in court, your only recourse is to either try to blow this thing up or run. If you've only been here a year I doubt you have or want to expend the resources necessary to properly fight this thing - you need a lawyer who actually gives a crap about trying to make a defense, for starters.
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