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Urgent: Legal advice needed (violent crime victim)
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Speedling



Joined: 08 Jun 2011

PostPosted: Tue Jul 17, 2012 6:26 am    Post subject: Urgent: Legal advice needed (violent crime victim) Reply with quote

Someone close to me was the victim of a violent crime at the hands of a Korean man. The police and hospital staff in my oppinion were anything but professional. The suspect has been released. The embassy only provided a list of lawyers and therapists. The only lawyer I was able to reach said he can help but his fee was 3 million won. We can afford that but are unsure if this is the best course of action. We know nothing about the law here.

I don't want to divulge any details about the incident. But i will say that a very serious crime was commited and it is my oppinion that the police just expect us to go away and this guy will get away scott free.

If anyone out there knows about Korean law or can offer any advice on where to get a good lawyer i would appreciate it. I am willing to pay the lawyers fees if it is necessary.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Tue Jul 17, 2012 7:07 am    Post subject: Reply with quote

What happened? You can tell us.
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sojukettle



Joined: 23 Aug 2005
Location: Not there, HERE!

PostPosted: Tue Jul 17, 2012 3:13 pm    Post subject: Reply with quote

The Seoul Global Centre ( http://english.seoul.go.kr/lh/support/scof1.php ) has lawyers available for basic free consultations who should be able to advise you on the next step.

sk.
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plchron



Joined: 26 Feb 2011
Location: Korea

PostPosted: Tue Jul 17, 2012 5:09 pm    Post subject: Reply with quote

If your friend was raped, post all the person's (criminal's) information online and let nature take it's course (especially if he lives close to an army base).
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Joe Boxer



Joined: 25 Dec 2007
Location: Bundang, South Korea

PostPosted: Tue Jul 17, 2012 7:41 pm    Post subject: Reply with quote

plchron wrote:
If your friend was raped, post all the person's (criminal's) information online and let nature take it's course (especially if he lives close to an army base).

OP, don't do that.
I'm sending you a PM now.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Tue Jul 17, 2012 9:21 pm    Post subject: Reply with quote

How can anyone give legal advice without knowing the situation?

If a crime was committed, insist to the police that you want to press charges. If they refuse, hire the lawyer.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Jul 18, 2012 3:47 am    Post subject: Reply with quote

Captain Corea wrote:
How can anyone give legal advice without knowing the situation?

If a crime was committed, insist to the police that you want to press charges. If they refuse, hire the lawyer.


+1
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Speedling



Joined: 08 Jun 2011

PostPosted: Wed Jul 18, 2012 4:28 am    Post subject: Reply with quote

Captain Corea wrote:
How can anyone give legal advice without knowing the situation?

If a crime was committed, insist to the police that you want to press charges. If they refuse, hire the lawyer.


Thank you Captain Obvious. If anyone out there knows how the law works of course i would provide the specifics in as private a manner as posible (i.e via PM or telephone. Not on a public forum)
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jul 18, 2012 5:54 am    Post subject: Reply with quote

Contact the Seoul help center and the English Police Service of either the Seoul city police or the KNP.

Do NOT expect the same care, consideration and treatment that you would get at home but you can get proper service for the problem. Investigation and prosecution are NOT the same as home either nor is the solution likely to be anything near what you expect.

.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Jul 18, 2012 7:26 am    Post subject: Re: Urgent: Legal advice needed (violent crime victim) Reply with quote

Speedling wrote:
The embassy only provided a list of lawyers and therapists.


That is all the embassy can do. It's against US and host country law for the embassy to represent someone in a legal case.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Jul 18, 2012 8:51 am    Post subject: Reply with quote

plchron wrote:
If your friend was raped, post all the person's (criminal's) information online and let nature take it's course (especially if he lives close to an army base).


This advice is criminal. As Joe Boxer said, do not follow that advice. First off, there are the criminal liability/slander laws in Korea to contend with. Second, no matter what you think should happen to the person, no matter how guilty you personally believe someone to believe, there is a judicial system in place and it is that system that is set up to deal with criminals. Vigilantism is wrong, and quite often illegal. And plchron's "let nature take it's [sic] course" comment can certainly be construed as a call for an illegal assault--or worse--of the person subjected to the vigilantism.

C'mon people. We're supposed to all be adults. Let's act like adults and provide adult advice, non-criminal advice, to people asking for help.
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madoka



Joined: 27 Mar 2008

PostPosted: Wed Jul 18, 2012 9:31 am    Post subject: Reply with quote

Speedling wrote:
Captain Corea wrote:
How can anyone give legal advice without knowing the situation?

If a crime was committed, insist to the police that you want to press charges. If they refuse, hire the lawyer.


Thank you Captain Obvious.


You're asking for help and he tried to help. Responding ungratefully does not help your cause.
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luckylady



Joined: 30 Jan 2012
Location: u.s. of occupied territories

PostPosted: Wed Jul 18, 2012 2:08 pm    Post subject: Reply with quote

if your friend is a foreigner, you are also supposed to report it to their embassy since you said it was a violent crime and the alleged perpetrator was released.

was he released on bond? or no charges made?

you don't even say what you want the lawyer for - is it to pursue a civil suit or to press the police to arrest/detail the individual? or even to sue the hospital? you would want a different lawyer depending on what you are going after.
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Speedling



Joined: 08 Jun 2011

PostPosted: Wed Jul 18, 2012 4:22 pm    Post subject: Reply with quote

luckylady wrote:
if your friend is a foreigner, you are also supposed to report it to their embassy since you said it was a violent crime and the alleged perpetrator was released.

was he released on bond? or no charges made?

you don't even say what you want the lawyer for - is it to pursue a civil suit or to press the police to arrest/detail the individual? or even to sue the hospital? you would want a different lawyer depending on what you are going after.


Well I am not exactly sure what the most effective next step for us is. I honestly just don't want the guy to get away with it. I am not really interested in sueing anyone. It was explained to me that he was released while the police investigate and that he can be easily found. It was aslo explained to me thay if we dont pressure the investigating officer that this matter could just disappear.

We have some helpful Korean people who have been making inquirys on our behalf. But we are gettin mixed opinions on whether or not we need to hire a lawyer. Some say do it immediately and others are saying we should give it a little more time. It is enough money that it is not an easy decision to make.

Thanks to the posters who had information about agencies that provide free legal advice this is exactly what I was looking for.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Wed Jul 18, 2012 6:38 pm    Post subject: Reply with quote

Old ajummas usually get their way by screaming and shouting and being emotional. Don't do anything yet. But if they let him off. Go to the police station and scream and yell. Be crazy emotional like a traditional Korean and refuse to leave. Call your embassy at the same time. Squeeky wheel gets the grease. But use that "nuclear" option only as a last resort. If you know who the guy is and where he lives, you could always post it online after leaving Korea. Use the legal route first and talk to a lawyer for your best option. If no justice, well....
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