Korean Job Discussion Forums

[des_mitch83]

Hey all,

I am from England and currently residing there. I spent a year teaching English in Korea a few years back.

One night in Itaewon I was attacked by another foreigner. Being larger than he was and pissed off I socked him a few times which left him rather worse for wear to put it mildly.

Unfortunalty police were nearby and took both of us to the nearest police station.

I had to go back the next week and after several hours of translating and discussions about what happened with Korean police (confusion central) it was decided that I would pay blood money to him, he paid some money to me too.

After fingerprints etc were taken I thankfully never heard from Korean police or the asshole who started a fight with me.

Korean law seems to assume that in a fight the person who ends up worst is the victim, regardless of who started it.

I am applying for a job at the minute which requires a rather enhanced vetting of my past.

Would this incident show up? From what I understand blood money paid is a way of getting out of legal issues, though at the same time it appears that it could be seen as money paid for bringing a CONVICTED CRIMINAL to justice.

Is blood money a way of bribing someone and getting out of getting a crinal record/conviction?

Basically I am wondering- Do I have a criminal record in Korea and if I was to do a criminal record search on myself in Korea would this show up?

Thanks

[creeper1]

I (like you) think that blood money is a way of avoiding the criminal process and a record. You never know for sure though.

Just apply. If you aren't successful you will know why.

[loose_ends]

[des_mitch83]

thanks,
So the general consensus is that blood money is money paid between parties so as to avoid the criminal process which includes getting a criminal record?

[kimchijigijig]

[loose_ends]

[des_mitch83]

Reason for asking is because I am applying for a job which requires a record check of all previous addresses, including in Korea

[PBRstreetgang21]

There is no such thing as blood money in Korea-- it is a misconception by foreigners who come from countries that are based on common law systems and don't understand how the civil law systems functions.

The money you refer to is "settlement money". In civil law country like Korea (or Germany or France for that matter) there is no separation between civil and criminal courts-- they are both the same. So whereas in the UK or the US assault is a criminal offense pursued in a criminal court, to seek damages you have pursue the matter in civil court. Ex. OJ Simpson was found not guilty of criminal charges for murder but was found guilty of negligence on civil charges and ordered to pay a lot of money to the family of the victims.

Korea doesn't work that way. Monetary damages and criminal charges are pursued simultaneously. This means that unlike in the US where one can get a plea bargain to avoid criminal charges but still may be found liable in civil court, in Korea (or in certain European countries for that matter) the "plea bargain" so to speak, can take many forms--- in this case "settlement money". In Korea the settlement money acts as a kind of plea bargain, you can refuse to pay money or even refuse to accept the money, which means the matter will go to court. The reason why so many people who were not the instigators pay money to people who instigate just because they "look worse off" is because they are afraid if the matter goes to trial they will have difficulty proving their innocence, thus they would rather just pay the money (however unjustified) than face the prospect of being found guilty. After all, two drunks fighting in an all with no camera footage makes it a story of my word against yours and who got hurts the worst.

This idea of blood money is a misunderstanding. One neither must pay nor accept, but doing so forces a trial.

[des_mitch83]

Hi, can't pm you as I don't have enough post counts. It sounds like you know your stuff, which is what I have been looking for.

So this settlement money paid would therefore stop a case going to court- in that case is a person found guilty when they pay the money. ie would they automatically get a criminal record?

[eat_yeot]

[radcon]

Its a crappy system Korea has.

[Churchgirl]

Hello, I am wondering if anyone can refer me to an attorney in Seoul who is bilingual and can help me. I got injured by a guy. The situation is complicated. I want to know what the consequences will be for him and me if I file charges at the police station or pursue it as a civil matter. The guy doesn't want to pay for my medical expenses (I have insurance, but it doesn't cover everything).

I need to speak with a lawyer who has dealt with this before and who can advise me whether I should pursue criminal and /or civil action. Please help. Thank you!

[byrddogs]

[swinewho]

[byrddogs]