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luckylady
Joined: 30 Jan 2012
Location: u.s. of occupied territories
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 Posted: Wed Jul 18, 2012 9:58 pm Post subject: |
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| Speedling wrote: |
| 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. |
no doubt the police are hesitating because they don't want to expend the energy and time presenting a case to the prosecutors when the victim is unwilling to testify and participate in the pursuit of justice.
decide what you want then go after it. you haven't yet made it clear that you know what you want, just that you are seeking legal advice. but even a lawyer will ask you the same thing - what do you want? what you are hoping to accomplish? do you want compensation, a public apology, someone to do time? all of the above?
when you sort these things out, then you can better decide how to accomplish it. |
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Joe Boxer
Joined: 25 Dec 2007
Location: Bundang, South Korea
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| Posted: Wed Jul 18, 2012 10:21 pm Post subject: |
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Prediction time...
Nothing gets done. The OP has waffled about getting a lawyer for a couple days now. Doesn't want to sue (!) and has no clue what he wants.
No lawyer will get hired. End of story.
And then next month, another waegukin comes on the board to talk about an assault, or how he was ripped off by his hogwan, and then not follow through with anything. |
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Speedling
Joined: 08 Jun 2011
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| Posted: Thu Jul 19, 2012 12:05 am Post subject: |
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JoeBoxer I appreciate your advice and I understand what you are saying. The Korean people who we have helping have advised us to hold off on getting a lawyer for now. Every day we are learning more about our case. Developments are being made and things seem to be moving in the right direction.
As for the comments about me not having a clue what I want. That is rubbish I am gathering information so that I can help someone make their own informed decision. I am not making the final decision I am looking in to what our options are.
I am doing the best I can with a lot of conflicting information. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Thu Jul 19, 2012 3:55 am Post subject: |
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| Weigookin74 wrote: |
| 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.... |
1- The "go full on emotional" advice could work but could also land the OP in trouble.
2- Calling the Embassy will acheive NOTHING as they cannot and will not intervene. All they can do is provide advice on which lawyers to consult. Threatening to call your embassy will just embarass you.
3- Posting the information on where the guy lives is useless as nothing will happen.
Bascially, TALK TO A LAWYER to get some actual legal advice on this and proceed from there. |
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denverdeath
Joined: 21 May 2005
Location: Boo-sahn
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| Posted: Thu Jul 19, 2012 5:38 am Post subject: |
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| make sure that statements were given at the cop shop - insist on pressing charges if that's what u want. sooner is better, not later. also, medical reports r going to b the best evidence unless u have willing bystanders to testify (unlikely) - part of the reason for the "blood money" reference. so, get, and keep, ur receipts from the crappy hospital. |
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Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
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| Posted: Thu Jul 19, 2012 6:09 am Post subject: |
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I'm going to go out on a limb and guess that whoever would respond to some sort of anonymous claim on the internet by going to the guy's house and "taking care of it" is precisely the wrong kind of person to get to do that and could result in your vaulting to the top of the Most Wanted Foreigner list as an accessory to murder.
You aren't going to get some sort of professional goon. Think about it, what kind of person would randomly respond to such a thing and do something about it? In all likelihood a drunken sociopath. Odds are they'll break down the wrong door too and end up maiming some innocent kid. |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu Jul 19, 2012 6:54 am Post subject: |
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| PatrickGHBusan wrote: |
| 1- The "go full on emotional" advice could work but could also land the OP in trouble. |
OP: Pay heed to this. If you follow the other's incredibly bad advice, you could end up being sued or even imprisoned.
| Quote: |
| 2- Calling the Embassy will acheive NOTHING as they cannot and will not intervene. All they can do is provide advice on which lawyers to consult. Threatening to call your embassy will just embarass you. |
Yep. Anyway, the embassy cannot even advise you which lawyer to call. They can, and do, provide a list of lawyers known to speak English.
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| 3- Posting the information on where the guy lives is useless as nothing will happen. |
If the guy finds out, something will happen: lawsuit or criminal charges against the person who posted said information.
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| Bascially, TALK TO A LAWYER to get some actual legal advice on this and proceed from there. |
Exactly right. This is not the United States. Different laws are in effect in South Korea. Navigating their system by yourself is ill-advised. You need a guide. That guide is a lawyer licensed to practice criminal law in South Korea. |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu Jul 19, 2012 6:57 am Post subject: |
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| Steelrails wrote: |
I'm going to go out on a limb and guess that whoever would respond to some sort of anonymous claim on the internet by going to the guy's house and "taking care of it" is precisely the wrong kind of person to get to do that and could result in your vaulting to the top of the Most Wanted Foreigner list as an accessory to murder.
You aren't going to get some sort of professional goon. Think about it, what kind of person would randomly respond to such a thing and do something about it? In all likelihood a drunken sociopath. Odds are they'll break down the wrong door too and end up maiming some innocent kid. |
The OP doesn't say that they witnessed the alleged crime, so I'll go out on a different limb and say that the OP's going by what the friend has said to them. Vigilantes have responded to such things and injured or killed "the wrong person." As I said in a post above, act in an adult manner and let the police and the prosecutors do their job in this case. Do not give them another case, with the OP and the OP's friend as the perpetrator, to prosecute.
By the way, OP, have you ever been falsely accused of a crime? Do you know what can happen to the person making the false accusation? Settle down and be a responsible, law-abiding person and pursue this situation the way it should be pursued: legally. |
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Speedling
Joined: 08 Jun 2011
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| Posted: Thu Jul 19, 2012 11:36 am Post subject: |
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| I am a law abiding citizen. I will not respond to any posts that recommend doing something that might be illegal. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Thu Jul 19, 2012 8:01 pm Post subject: |
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| Speedling wrote: |
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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. . |
What does the FRIEND want? Seems to me as the directly aggrieved party s/he should be dictating the course to take. |
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