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My Korean Court Case
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Tue Jan 22, 2013 8:09 pm    Post subject: Reply with quote

Or get a new lawyer. Is the one you have court appointed, or did you hire them, OP?
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TexasChicken



Joined: 05 Jul 2007

PostPosted: Tue Jan 22, 2013 11:08 pm    Post subject: Losing Battle FLEE! Reply with quote

Um I had a similar case as yours except I won the criminal case because the guy who attacked me confessed to doing it. However when I went to civil court for damages I was only awarded like 1.5 million won. 2 Years later I have only collected about half of that. I tried to find a link to my earlier post on Dave's but it seems to have been removed.

2 years ago I was walking home, and I saw a child with a broken nose having his head smashed into the hood of a car while a bunch of people looked on. I yelled "Hey stop it!" in English, the guy came over to me started pushing me around while screaming Curses at me, I remained calm and finally he walked away, I decided to get outta there and call the police. As I was walking away talking on the phone to the police, the guy tackled me from behind into a brick wall. Knocked me unconscious, when I woke up the guy was smacking me in the face with his sandal.

The police arrived pulled him off of me, and asked if I wanted to press charges. I did took another 6 months to get to court because the guy avoided the subpoenas that long. Court day finally came my lawyer assured me we would win minimum 5-6 million won as I had received 3 weeks hospital leave from the emergency room doctor.

Court day I walk in feeling confident the guy confessed several witness said he jumped me from behind. The guy pleads poverty because of me he said he lost his job etc. etc. The judge shows him mercy and awards me 1.2 million. 1.2 million didn't even cover lawyer and hospital fees. Both my lawyer and I were shocked.

2 years later I have collected about 500,000 won of the 1.2 million owed to me. DO NOT EXPECT A FAIR TRIAL.

I kind of agree with Nautilus the only way to salvage this situation is to flee. Otherwise you must pay the criminal court fines or serve jail time.

You most likely will not win in civil court if you have already been found guilty in criminal court, however I seriously doubt they would ever be able to get you to pay the damages as you can just move to another city.

However the state of Korea probably wont give up on the 2 million you owe from criminal court as that money goes to the court system not the defendant.

The way I see it.

Option 1: Stay and pay the 2 million or go to jail. Ignore summons to civil court as you will lose. You can ignore the summons for 3-6 months before they subpoena you and you face more jail time. Go to court you can negotiate with your attacker for the sum of cash or wait for a settlement from the judge. However it will be extremely difficult for them to collect any cash from you. I had to hire a lawyer and a locksmith to break down my attackers door and put red auction stickers on all his stuff before he started offering cash to me.

Option 2: Get the hell outta dodge man. Buy a ticket anywhere else. By doing this you avoid paying the 2 million won, however I'm not sure you would ever be able to come back to Korea.

Anyways my advice never get into a fight in Korea, the justice system doesn't work for you.

T.C.
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byrddogs



Joined: 19 Jun 2009
Location: Shanghai

PostPosted: Tue Jan 22, 2013 11:30 pm    Post subject: Re: Losing Battle FLEE! Reply with quote

TexasChicken wrote:

Anyways my advice never get into a fight in Korea, the justice system doesn't work for you.

T.C.


^This. That goes for most things when it's waeguk-in v. hanguk-in. Weird how things worked out differently in the big neighbor to the west for me in this type of situation when this place is supposed to be less civilized.

Not only did I get the payout, the police said that the local that pulled his stunt was lucky that I didn't beat him down. I had lived in Korea prior for many years and thought better about doing so.
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Benjamino



Joined: 21 Apr 2012
Location: Samcheonpo

PostPosted: Wed Jan 23, 2013 2:39 am    Post subject: Reply with quote

I'm the other guy in this case.

I didn't urinate in the street and cannot think one one reason barring total loss of bladder control why I would do so.

Neither myself or my co-accused attacked anyone. I've made mistakes in my life and done things that I'm not proud of but in this case I am innocent of all accusations.

Here is my thoughts from my blog on it all....http://benglass.blogspot.kr/2012/12/very-rough-justice.html
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Jan 23, 2013 10:49 am    Post subject: Reply with quote

Sorry to hear/read about your situation. I wish I had some words of wisdom to offer, but I'm fresh out.

Where are all the posters who always say,

"there is no racism in Korea"?

So much for claims that weigukins have much chance with the Korean

legal system.


Thanks for letting others know what happened and for making your blog.

I am not surprised by it though. Some Koreans really do hate foreigners

and with all the anti-foreigner sentiment over the last several years, I expect we will hear of more

incidents like this in the future.


Last edited by some waygug-in on Wed Jan 23, 2013 12:06 pm; edited 1 time in total
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Wed Jan 23, 2013 11:23 am    Post subject: Reply with quote

It's pretty well known by now that Koreans win and foreigners lose in 98% of these situations.

Don't know how bad your bladder was about to burst, but maybe next time find a place behind a wall or something a little more hidden to release.

You will never win in Korea unless it's blatantly obvious the other guy was wrong and you provide plenty of witnesses. That's it. Good luck next time.
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young_clinton



Joined: 09 Sep 2009

PostPosted: Wed Jan 23, 2013 11:45 am    Post subject: Re: Losing Battle FLEE! Reply with quote

TexasChicken wrote:


Anyways my advice never get into a fight in Korea, the justice system doesn't work for you.



Have your cell phone handy, back off where they can't see you and call the police. It's actually pretty pathetic they would have a system like that.
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joelove



Joined: 12 May 2011

PostPosted: Wed Jan 23, 2013 12:09 pm    Post subject: Reply with quote

The weirdest thing to me is that even if ya did take a piss in the street, who cares? It's common (drunk) behavior.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Wed Jan 23, 2013 1:59 pm    Post subject: Reply with quote

Have you contacted your embassy? The embassies can, and do, put pressure on the courts to pursue a fair(er) trial than they might otherwise do.

They'll also have a list of lawyers you could hire.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Wed Jan 23, 2013 4:30 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?


Yeah, because Koreans would never dream of depositing bodily liquids on the street.Rolling Eyes
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Wed Jan 23, 2013 5:05 pm    Post subject: Reply with quote

Died By Bear wrote:
It's pretty well known by now that Koreans win and foreigners lose in 98% of these situations.

Don't know how bad your bladder was about to burst, but maybe next time find a place behind a wall or something a little more hidden to release.

You will never win in Korea unless it's blatantly obvious the other guy was wrong and you provide plenty of witnesses. That's it. Good luck next time.


He wasn't urinating. The Korean guy made it up as an excuse.
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Zyzyfer



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

PostPosted: Wed Jan 23, 2013 5:11 pm    Post subject: Reply with quote

Benjamino wrote:
Here is my thoughts from my blog on it all....http://benglass.blogspot.kr/2012/12/very-rough-justice.html


Saw this line in your previous entry: "As it turned out the Korean guy changed his story and now claimed I was walking along the road peeing as I went and he told me to stop."

hahahaha I don't mean to laugh at your situation but that is pretty damn funny!
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Jan 23, 2013 5:44 pm    Post subject: Reply with quote

Sorry, question, OP - when you say you were BOTH hit with 2 mill fines... you mean you and your bud, or you and the guy you fought?
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Benjamino



Joined: 21 Apr 2012
Location: Samcheonpo

PostPosted: Wed Jan 23, 2013 5:50 pm    Post subject: Reply with quote

I know it's crazy.

I am starting to become passive about it now because that's my nature in my advancing years I guess. But this Korean guy really is out to ruin the both of us.

I can't say too much in public but I do know he's contacted my school, the education board and visited my school on occasions. All in an attempt to get me fired.

It is total and outright harassment and I know he is doing this for more cash so he will then stop his harassment and finally let the matter drop.

My school have took over the situation for me once the fine was 'issued' and are dealing with things their way.

I can't go to the police about him because I'll probably end up in jail for something or other. So I just have to take this and hope one day he'll get bored.

I want to stay in Korea and my school want me to renew but this could prevent this.
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Benjamino



Joined: 21 Apr 2012
Location: Samcheonpo

PostPosted: Wed Jan 23, 2013 5:50 pm    Post subject: Reply with quote

Captain Corea wrote:
Sorry, question, OP - when you say you were BOTH hit with 2 mill fines... you mean you and your bud, or you and the guy you fought?


Me and the OP both got fines.
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