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Assault and Arrest laws in Korea
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kraggy



Joined: 06 Mar 2011

PostPosted: Fri May 03, 2013 7:34 am    Post subject: Assault and Arrest laws in Korea Reply with quote

Hi,

Long story short....

1. Taxi driver grabbed my girlfriend
2. I went to protect her. He hit me, I retailiated
3. I rang the police for help
4. Both he and I go to Police Station
5. Both arrested for assault
6. After hours waiting for a translator, he finally came. Everyone started giving statements, the whole thing was taking ages.
I decided enough is enough and that I'm happy for everyone to go home as my gf and I were too tired and couldn't be bothered anymore.
7. Police say "Great!" (less work for them)

I took this to mean that the police agreed that I my gf and I were indeed the victims. They even said that the taxi driver was out of his jurisdiction and shouldn't have been looking for business in Itaewon.

8. Leaving Korea, went to get Background Check for my time in Korea, the sheet says "Assault" and then "charges dropped".


Obviously this doesn't look good for future employment prospects, even with the charges dropped.

So, my question is in relation to something the translator said. He claimed that whenever there is an altercation on the street or a case of assault in general, that both parties are arrested and brought to the station until they determine who did what. He said that it's normal and not to worry about having been arrested.

Did anyone ever hear this kind of thing in Korea?

More importantly, if that is indeed how it works in Korea, does anyone know where I can get that piece of law in writing as I'm going to have to mention all this for a job I'm going for in a couple of months and it looks bad and could affect my chances.

Thanks.
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rollo



Joined: 10 May 2006
Location: China

PostPosted: Fri May 03, 2013 3:22 pm    Post subject: Reply with quote

Yes that is how it works.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Fri May 03, 2013 3:29 pm    Post subject: Reply with quote

by "retaliating" I hope you got a good punch in the face, and not a little push or something like that.
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kraggy



Joined: 06 Mar 2011

PostPosted: Sat May 04, 2013 9:01 am    Post subject: Reply with quote

Thanks for the replies.

Rollo, are you sure about that or how do you know? Do you know how I could get official confirmation that that's how it is?

I'm not in Korea anymore so it makes things more difficult for me.
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Julius



Joined: 27 Jul 2006

PostPosted: Sat May 04, 2013 8:19 pm    Post subject: Reply with quote

Dodge7 wrote:
by "retaliating" I hope you got a good punch in the face, and not a little push or something like that.


Its pretty hard to have both a girlfriend and a clean criminal record in Korea.

Because sooner or later some ajosshi is going to force you to react.
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Sun May 05, 2013 12:17 am    Post subject: Reply with quote

OP you and the taxi driver both confessed to committing a crime. The fact that no charges were laid and no prosecution took place is beside the point.

That's the way she goes.
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transmogrifier



Joined: 02 Jan 2012
Location: Seoul, South Korea

PostPosted: Sun May 05, 2013 1:19 am    Post subject: Reply with quote

Julius wrote:
Dodge7 wrote:
by "retaliating" I hope you got a good punch in the face, and not a little push or something like that.


Its pretty hard to have both a girlfriend and a clean criminal record in Korea.

Because sooner or later some ajosshi is going to force you to react.


You little drama queen.
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PatrickGHBusan



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

PostPosted: Sun May 05, 2013 5:58 am    Post subject: Reply with quote

Julius wrote:
Dodge7 wrote:
by "retaliating" I hope you got a good punch in the face, and not a little push or something like that.


Its pretty hard to have both a girlfriend and a clean criminal record in Korea.

Because sooner or later some ajosshi is going to force you to react.


Complete BS.

OP, sorry this happened to you. I do not know what you can do to have that changed or even removed but as the charges were dropped I do not see why you could not try to have the record expunged.
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kraggy



Joined: 06 Mar 2011

PostPosted: Sun May 05, 2013 4:21 pm    Post subject: Reply with quote

Stan Rogers wrote:
OP you and the taxi driver both confessed to committing a crime. The fact that no charges were laid and no prosecution took place is beside the point.

That's the way she goes.


Eh, I didn't confess to committing any crime. What gave you that impression?

My girlfriend and I were the VICTIMS of a crime.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun May 05, 2013 5:18 pm    Post subject: Reply with quote

kraggy wrote:
Stan Rogers wrote:
OP you and the taxi driver both confessed to committing a crime. The fact that no charges were laid and no prosecution took place is beside the point.

That's the way she goes.


Eh, I didn't confess to committing any crime. What gave you that impression?

My girlfriend and I were the VICTIMS of a crime.


Quote:
2. I went to protect her. He hit me, I retailiated



Hitting back, even if it's in self-defense or in defense of others is generally (although not always) considered a crime here.
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Julius



Joined: 27 Jul 2006

PostPosted: Sun May 05, 2013 5:25 pm    Post subject: Reply with quote

TheUrbanMyth wrote:

Hitting back, even if it's in self-defense or in defense of others is generally (although not always) considered a crime here.


Offending an ajosshis overblown ego is a crime.
I've seen people sued for telling off an ajosshi in class.
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sluggo832004



Joined: 04 Sep 2010

PostPosted: Sun May 05, 2013 6:43 pm    Post subject: Reply with quote

Control your woman OP.


Ive seen countless waygook chicks strut down the street half drunk and hop in a cab dressed like hookers.

Not saying your gf did, but why even give a horny taxi driver a reason to take it that far in the first place.

And by the way, this is why having a friend who drives a car is the best thing ever.
Very Happy
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Sun May 05, 2013 6:52 pm    Post subject: Re: Assault and Arrest laws in Korea Reply with quote

kraggy wrote:
Hi,

Long story short....

1. Taxi driver grabbed my girlfriend
2. I went to protect her. He hit me, I retailiated
3. I rang the police for help
4. Both he and I go to Police Station
5. Both arrested for assault
6. After hours waiting for a translator, he finally came. Everyone started giving statements, the whole thing was taking ages.
I decided enough is enough and that I'm happy for everyone to go home as my gf and I were too tired and couldn't be bothered anymore.
7. Police say "Great!" (less work for them)

I took this to mean that the police agreed that I my gf and I were indeed the victims. They even said that the taxi driver was out of his jurisdiction and shouldn't have been looking for business in Itaewon.

8. Leaving Korea, went to get Background Check for my time in Korea, the sheet says "Assault" and then "charges dropped".


Obviously this doesn't look good for future employment prospects, even with the charges dropped.

So, my question is in relation to something the translator said. He claimed that whenever there is an altercation on the street or a case of assault in general, that both parties are arrested and brought to the station until they determine who did what. He said that it's normal and not to worry about having been arrested.

Did anyone ever hear this kind of thing in Korea?

More importantly, if that is indeed how it works in Korea, does anyone know where I can get that piece of law in writing as I'm going to have to mention all this for a job I'm going for in a couple of months and it looks bad and could affect my chances.

Thanks.


Prob would have been better after step two to go home. Surprised
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PatrickGHBusan



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

PostPosted: Mon May 06, 2013 4:37 am    Post subject: Reply with quote

Julius wrote:
TheUrbanMyth wrote:

Hitting back, even if it's in self-defense or in defense of others is generally (although not always) considered a crime here.


Offending an ajosshis overblown ego is a crime.
I've seen people sued for telling off an ajosshi in class.


Again that sounds fabricated....such a "case" would not even make it to court.
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Julius



Joined: 27 Jul 2006

PostPosted: Mon May 06, 2013 8:01 am    Post subject: Reply with quote

PatrickGHBusan wrote:
Julius wrote:
TheUrbanMyth wrote:

Hitting back, even if it's in self-defense or in defense of others is generally (although not always) considered a crime here.


Offending an ajosshis overblown ego is a crime.
I've seen people sued for telling off an ajosshi in class.


Again that sounds fabricated....such a "case" would not even make it to court.



I'm serious.
Friend had an adult class. One of the ajosshis in the class was making sexist comments to the women, so she vented at him and told him to watch his mouth.

He actually filed charges against her -at the police, yes- for verbal, or some type of assault ( apparently he made it out to be worse than it was).

Eventually her school pressured her into bowing and smoothing his ego, and he dropped charges.
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