Korean Job Discussion Forums

[FistFace]

A friend working at a hagwon at an area close to South Seoul needs help.

A while back (before the Peter Jackson mess began) he was accused of inappropriate contact with a student. The student in question, a young girl, says that he touched her innapropriately in some way. This student's parents have made the accusation and involved the police.

My friend has been to the police twice since then, and now has a court date. Both times, the police have put him through questioning, and tried to get him to admit fault. He has admitted no fault, because he never did anything wrong. He claimed that the accusations are false, and when pressed to admit fault by the Police (and signing statements where he described his side of the situation), he cut them short and said he would speak to them no further until he got a lawyer. It sounded to me like the police didn't have enough to go on, and were "fishing." They let him go, but set a court date of some kind.

I have instructed him to get a lawyer. He is doing so. He still has his passport, however there is now a travel restriction on him leaving the country. His court date is approaching.

On one occasion, the police showed him a video from the classroom camera. It does not show any inappropriate touching of any kind, however, there is a short segment for just a second or two where you can't see his hands (either they were under the desk, or out of the frame) and the child is near. That is when the police insist that the inappropriate touching took place - with the hands, apparently, although he wasn't very specific with me about what they were accusing him of doing. The student said it happened in class, and since they can't seem to find any other time when he was near the student, they are keying-in on this time frame as when the "touching" took place -- for just a few seconds.

Since this has happened, his boss has refused all direct contact with him. He only hears of things from the boss though another friend/co-worker (I forget which he said). Essentially, he is jobless and waiting to see what happens next.

It should be noted that my friend is nearing the end of his contract, but that these accusations came from the parents.

People with more Korean legal experience... where does this guy stand, and what can be done? Where do you see this going? He's in his first contract here, and has no legal record back home (yeah, I know that doesn't matter much). It appears that it's just his word against the child, who appears to have been coached by the parents. He wants to sit down and talk with the boss and the parents, but they refuse. He thinks the child, who was new to the class, might have been scared or confused at having class with a foreigner for the first time. That, or the parents put the child up to this. I find it quite interesting that this happened near the end of his contract, and that his boss refuses to have contact with him.

[Milwaukiedave]

That's totally messed up. I can't help you, but goodluck to your friend. Dealing with the Korean legal system is going to be a tough one.

[bassexpander]

Your friend should also contact the Labor Board by dialing 1411 (yeah, it's a short number). Go there and file a claim. He should tell them that he is no longer allowed to work at his school, why he cannot work, and that he fears this may be something the boss is doing to get out of paying the bonus. At least get them in on the loop, because if he is let off of this, he should make sure he's not out of his plane ticket back, and possibly a bonus.

[halfmanhalfbiscuit]

[Typhoon]

Your friend should have wrote their side of the story and signed it when the police asked. This is a standard procedure for car accidents where fault is being contested, fights or any legal disagreement. Failure to give a statement is often looked upon as a sign of guilt as the party who doesn't give a statement is thought to be thinking up a story. It also would have protected your friend down the road as stories can change from the original complaint date and his version of the story would have been on record. Now only the other parties story is on record and that is not a good thing. My only advice now is to get a better lawyer (ie. more expensive with a higher status in the legal world) than the other party. Korean justice is not really fair. Your friend is at a disadvantage by being a foreigner and not having followed Korean legal procedure. The only way to even the playing field is to get an awesome lawyer.

[ED209]

Why would a teacher, even a perv touch a kid with a camera in the room. What, he sits around in class waiting the kiddies to wonder into the blind spot? Cops should have slapped those parents around a bit. Unfortunately everything is against your mate. This country is a bit behind in investigating these cases and calling in the right people to take child statements. Your friend could always do the Korean thing and beg forgiveness and pay off the parents(I'm almost being serious there). If your friend is innocent then this possibly be some sort of con.

Never sign anything in a police station without your own lawyer, not with the police lawyer, not with your director, and certainly not with the police translator as your advisor(non of these people have your interests at heart).
Call the embassy get a list of lawyers and contact them. Is EFL-law still running? Maybe you should post there.

[Boodleheimer]

[MarionG]

The "he should have wrote (sic) his side of the story" would have been good advice, if there had been a specific accusation. (I.E. on Thursday, July 21, at 2:15 pm this teacher xxx" but apparently all that was said is that the child has accused him of inappropriate touching at some point on some unknown day in some unspecified way.

What's "his side of the story" on that? It's not much more than "what are you talking about," or "I have never done any such thing" or along those lines. No specific accusation makes it pretty hard to "give your side of the story" since there isn't much of an "other side of the story."

Useful advice is, uh, more useful.

[cubanlord]

could it be a witch hunt?

[gypsyfish]

[FistFace]

Update:

I asked him what they said he actually did, and the police were not able to tell him exactly what he did that brought on the allegation. They aren't able to say where he allegedly touched this young girl.

I have also learned that this "court date" is actually with a public prosecutor (whatever that means).

He hasn't been formally charged with anything.

I don't understand the Korean legal system, or what this is all about, so I don't know what else to say. Anyone understand what a "public prosecutor" is?

He is contacting the labor board, and has contacted a lawyer. From this point, I think enough has been said on here. If I learn more down the road, and it's safe to update, I will post.

[Young FRANKenstein]

[CentralCali]

A court date is a date of trial. A public prosecutor:

[Typhoon]

This is not the west or your home country. The legal system is not the same. I have been through 3 different "trials" here. Your friend should have written a statement in English saying I don't know what the hell they are talking about and then signed it and put his fingerprint on it (unless he has an official stamp already made). Then the police would have called a translator or your friend could call one of his choice to read what he wrote and translate it. The person who translated his writing would then sign that they did so to the best of their ability. Not to follow this procedure or give any statement will be viewed badly by the public prosecutor. I know this goes against everything we believe in the west, but that is the way it works here for everyone.

In Korea here is what happens at the public prosecutor. You meet the prosecutor along with the people making the claim against you. The prosecutor reviews the statements made to the police (in this case only what the family's side). Asks some questions and then he tells you what course they intend to follow. If the prosecutor deems there is a case then most of the time they order the person defending themselves to pay money to the accuser to avoid a court date. Usually a prosecutor will not go forward with a case if they are not 100% certain they will get a conviction (this goes for money or for criminal trial). This is both good and bad. If the prosecutor does not see a real case he will ignore the claim. If he thinks there is a case your friend is in a bad situation.

In my cases, every time the case went to the prosecutor he ordered the person being accused to pay money instead of going to court. Every time the person did this. Courts here are not fair or impartial. Everyone knows this. If you can pay to get out of something even if you are innocent it is a good idea to pay. I have gone through this enough times to know what happens. If you really want advice then take it. However, if you want to be an ass and pick apart my quick typing then that is fine too. I wish your friend the best of luck and hope that you learn not to be an ass to people who are offering you some advice.

[gerald.in.korea]

I have worked as a Paralegal for a Korean law firm and quit because Korean firms will not readily take these issues as a case on behalf of non-Koreans.

Your friend will not be able to secure legal council and will have to secure a court appointed attorney. Frankly, the Korean firms do not believe the foreigner can pay or will pay.

If he get convicted in Korea he also faces the distinct possibility of facing charges in the US, UK and about 8 other countries that have passes legislation that enables the prosecution of sex crimes against children in the country of origin. This was done to combat child sex tourism.

The Embassy will not, and cannot, help him in this. Their function is different than is what is understood by the average person: it is political and economic in nature.

If there is video evidence he has little recourse in disputing it and the only course of action he can take is to plead guilty to a lesser crime that will not get him convicted of a child sex crime in his home country.

If he does not receive a court appointed lawyer by the time of trial he should immediately contact the embassy. The Korean system has the same approach to criminal proceedings as most Western countries. He has the right to an attorney and if he cannot afford one the court will appoint one. He must be provided an interpreter, again court appointed if he cannot afford one.

The legal proceedings in Korea are administrative (like the German and Japanese systems) unlike those in those countries that follow Roman law. The prosecutors present the evidence and the Judges determine if the evidence is truly valid evidence. The evidencary laws are the same as Western countries so things like Hearsay is not admissible in court as evidence.

If he pleads not guilty his statement will be weighed against the evidence presented by the prosecution, in this case a video. If he has touched the student, in any manner, then his statements are in doubt. The question is the type of touching and where he touched the student.

The police hate to bring foreigners up on charges because it is a very painful process that must be conducted bilingually, it is very similar to the reason they do not follow up on complaints made by foreigners.

The process of court is very dry and is not a drama and he will be given a chance to testify on his behalf. He should not get paranoid or emotional during the trial because his rights, under Korean law which are the same as the rights of all Koreans, will be served.

If he plea bargains, or at least admits his touching of the child, he would be lucky just to be foreably deported from the coutnry and not face additional criminal charges in his country of origin. If there is video evidence he will do time for the crime in Korea and then face possible criminal charges in his home country.

I would like to point out that if there are cameras in the class room that if a Korean man had touched a child in an inappropriate manner they would be charged too.

This is not a "Korea is bad", or "Korea is racist" issue and the person faces a negative in the court. The Judges are professionals and they will follow the law. If this was a jury trial he would have no hope.