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Small Scuffle = Big Consequences
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ed4444



Joined: 12 Oct 2004

PostPosted: Tue Oct 13, 2015 4:12 pm    Post subject: Small Scuffle = Big Consequences Reply with quote

A few weeks ago my friend had a small scuffle on the street with a man. He is a senior executive at a big company. There were no punches landed and nobody was injured other than a small scratch. Then he called the police so they both just waited for them to arrive. They didn't talk and everything was calm. The executive called a few people and they all went to the station (in the same car). After arriving at the station, three of his lawyers arrived (yes three). The police took statements, said it was nothing and recommended they both just go home.

However, the executive insisted on opening an investigation claiming he was assaulted. So, therefore in the Korean way my friend also had to formally accuse him of assault. The police were trying to help him out so they told him to go to a hospital and check himself out just to follow what is normal procedure.

So now we hear that this executive went to a hospital and checked himself in for three weeks pretending to be injured (not sure what fake injury they are going to throw at him yet. he may use a pre-existing back complaint). btw three weeks is the maximum hospital stay permitted in Korea before a serious inquiry starts into what kind of injury the person has sustained.

In the police case the end result will probably be a small fine for both of them or maybe even a just a warning for each of them. However, then the civil case will start. They will come after him for at least USD60,000 (Lost wages + Hospital charges + "mental stress" + legal fees). It is going to get ugly.

This is not some dispute with a drunk or a taxi driver. Be careful out there people because the holes in the legal system / hospital / insurance system here are wide open to abuse.
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jvalmer



Joined: 06 Jun 2003

PostPosted: Tue Oct 13, 2015 5:11 pm    Post subject: Reply with quote

Sounds like this executive's company isn't doing that well.
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ed4444



Joined: 12 Oct 2004

PostPosted: Tue Oct 13, 2015 5:46 pm    Post subject: Reply with quote

Possibly but I think it may be partly a personal vendetta against my friend.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Oct 13, 2015 8:58 pm    Post subject: Reply with quote

Your friend may be in luck with the crackdown (by insurance companies, of course) on "nylon patients".
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Fallacy



Joined: 29 Jun 2015
Location: ex-ROK

PostPosted: Wed Oct 14, 2015 12:16 am    Post subject: Re: Small Scuffle = Big Consequences Reply with quote

ed4444 wrote:
A few weeks ago my friend had a small scuffle on the street with a man.
Correct me if I am wrong in my assumption here: "friend" = international caucasian male and non-citizen of the ROK; "man" = national Korean male and citizen of the ROK. Regardless, friend better be rich, or he faces financial ruin. No matter what happens next, legal defense costs will be high.
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jcd



Joined: 13 Mar 2012

PostPosted: Wed Oct 14, 2015 6:24 am    Post subject: Reply with quote

yeah
im betting your friend escalated the fight to where Koreans usually don't go.
It's okay to shout in each others face and maybe grab each others clothes for 20 minutes or so. I don't usually see them wrestling or punching.
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tardisrider



Joined: 13 Mar 2003
Location: Seoul

PostPosted: Wed Oct 14, 2015 9:06 am    Post subject: Reply with quote

Your friend was an idiot. Maybe this will cost him enough so that he'll learn not to get into scuffles.
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Overture1928



Joined: 12 Jan 2014

PostPosted: Wed Oct 14, 2015 9:08 am    Post subject: Reply with quote

Don't fight! If you do, just fucking take off, don't wait around. My friend and his korean girlfriend came out of a coffee shop, 2 drunk korean guys starting harassing his girlfriend, saying she was a bitch/*beep*/trader for going out with a white dude. He told them it wasn't cool, exchanged words, the korean guy went for a swing at my friend, my friend beat them both up. Cost him 3,000,000원, and then later was told something along the lines of your visa will expire at the end of this month. Even if your not at fault just walk away, unless you want to go out with a bang.
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Keeper



Joined: 11 Jun 2012

PostPosted: Wed Oct 14, 2015 2:40 pm    Post subject: Reply with quote

I'd agree your friend should have turned the other cheek (or both of them) and just kept walking. It just is not worth it unless your flight out of the country is already booked. The Korean legal system is fairly poor when it comes to foreigners.

Why did your friend wait around for the police? Are they leaving the country ASAP?
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Thu Oct 15, 2015 3:40 am    Post subject: Reply with quote

The OP already said they didn't fight except to grad each other's clothes. What specific medical proof did the hospital give him that his injury was caused by the waygookin? What evidence does he have at trial?

Also, most waygooks don't have 60 K in cash lying around. So, what are they going to do? Deport him? Spend some of their money jailing him? I would imagine there'd be a limit to how long they'd jail someone for BS. Only thing is you'd never work here again, but at that point, I assume your friend wouldn't care.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Thu Oct 15, 2015 3:42 am    Post subject: Reply with quote

Overture1928 wrote:
Don't fight! If you do, just fucking take off, don't wait around. My friend and his korean girlfriend came out of a coffee shop, 2 drunk korean guys starting harassing his girlfriend, saying she was a bitch/*beep*/trader for going out with a white dude. He told them it wasn't cool, exchanged words, the korean guy went for a swing at my friend, my friend beat them both up. Cost him 3,000,000원, and then later was told something along the lines of your visa will expire at the end of this month. Even if your not at fault just walk away, unless you want to go out with a bang.


Well, hopefully he kicked their @$$ good and made them earn their stripes.
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Thu Oct 15, 2015 5:00 am    Post subject: Reply with quote

The assessment of the police is not so unimportant. Having said that, I hope he had a Korean with him to make sure he knew what was going on.

I had an altercation with some older dude once. It went to the cop shop. We both made statements, and I thought it was all foolishness, and nothing would come of it. The police told me that I must apologize to the older dude in order for him to drop the charges. Which I, of course, did (not so willingly).

Even so, there was still the possibility of the crown prosecutor, or whatever they're called here, bringing the case to court - apparently they are able to pick and choose what they want for civil suits - if I hadn't made that apology, there would've been a greater chance of me having to go to court. Your friend's case is a bit different due to the hospital (lie) stay, but they'll still take the police records into account.

But, yeah, walking away IS better. Even if you KNOW they're wrong and dumbasses or whatever. Other thing to consider in korea: rich man is innocent; poor man is guilty. That's for koreans. You're not korean, so you already have an uphill battle to deal with.
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CentralCali



Joined: 17 May 2007

PostPosted: Thu Oct 15, 2015 6:48 am    Post subject: Reply with quote

denverdeath wrote:
the crown prosecutor, or whatever they're called here


There's no royalty, so no Crown Prosecution Service. What they have is laid out on this government site in English (from the top to the bottom in the hierarchy):

  • Supreme Prosecutor's Office. Individual in charge called Prosecutor General.
  • High Prosecutor's Office. Individual in charge called Chief Prosecutor.
  • District Prosecutors. Individual in charge called District Prosecutor.
  • Branch Prosecutors. Individual in charge apparently called Branch Prosecutor.
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Plain Meaning



Joined: 18 Oct 2014

PostPosted: Thu Oct 15, 2015 6:57 am    Post subject: Re: Small Scuffle = Big Consequences Reply with quote

ed4444 wrote:
There were no punches landed and nobody was injured other than a small scratch.

. . .

So now we hear that this executive went to a hospital and checked himself in for three weeks pretending to be injured (not sure what fake injury they are going to throw at him yet. he may use a pre-existing back complaint). btw three weeks is the maximum hospital stay permitted in Korea before a serious inquiry starts into what kind of injury the person has sustained.


Are you a doctor?
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Thu Oct 15, 2015 9:36 am    Post subject: Re: Small Scuffle = Big Consequences Reply with quote

Plain Meaning wrote:
ed4444 wrote:
There were no punches landed and nobody was injured other than a small scratch.

. . .

So now we hear that this executive went to a hospital and checked himself in for three weeks pretending to be injured (not sure what fake injury they are going to throw at him yet. he may use a pre-existing back complaint). btw three weeks is the maximum hospital stay permitted in Korea before a serious inquiry starts into what kind of injury the person has sustained.


Are you a doctor?


Yeah!

Rolling Eyes

I ain't a doctor with a shifty clinic that wants to make money by having your shifty a$$ laying in one o ma beds for a couple o weeks, and likely a $2,000+ padding to my normal salary...no thanks.
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