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Does self defence exist is Korean law? If someone attacks..
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stevieg4ever



Joined: 11 Feb 2006
Location: London, England

PostPosted: Sat Oct 14, 2006 1:15 am    Post subject: Does self defence exist is Korean law? If someone attacks.. Reply with quote

...you can you exercise 'reasonable force' in a bid to defend yourself (or this also something that doesnt exist in Korean law) against the assailant?
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Sat Oct 14, 2006 1:43 am    Post subject: Reply with quote

Self-defense law? There's no such a thing in Korea.

You would just have to kick ass, haul ass, and disappear.
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SuperHero



Joined: 10 Dec 2003
Location: Superhero Hideout

PostPosted: Sat Oct 14, 2006 1:47 am    Post subject: Reply with quote

in a fight the person who wins is the one who pays compensation regardless of who started the fight.
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Sat Oct 14, 2006 1:54 am    Post subject: Reply with quote

SuperHero wrote:
in a fight the person who wins is the one who pays compensation regardless of who started the fight.


Not necessarily. It doesn't apply to waygook vs. Korean. Koreans always win. So the best advice is my previous post.
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blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Sat Oct 14, 2006 2:52 am    Post subject: Reply with quote

what about if you are attacked inside your house? Does anybody really know or are they just repeating what they have heard from other people?. Surely if somebody attacks you while you are at home and you manage to overpower them and in the process break their nose you can not get done.

also who has to power to press charges? in new zealand and i am sure australia it is the police that press charges not the individual. (example in a domestic if the women/man does not want to press charge, but the police have evidence then they can still press charges. In my (very limited) understanding in the states they can't?
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Sat Oct 14, 2006 3:02 am    Post subject: Reply with quote

blackjack wrote:
what about if you are attacked inside your house? Does anybody really know or are they just repeating what they have heard from other people?. Surely if somebody attacks you while you are at home and you manage to overpower them and in the process break their nose you can not get done.


Unless you can speak Korean, the Korean attacker will eventually convince the police and lie and say that he was beaten up by you for no reason. Guess who the police will believe. Yes, the Korean attacker.

If you are ever attacked in your house, better do better than breaking his nose. Maybe knocking him unconcious or even worse and calling the police to show that the attacker was in your house. Cool
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blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Sat Oct 14, 2006 3:24 am    Post subject: Reply with quote

but the police can not convict you, the most they could do is press charges, unless you are in a situation where you are surrounded by his friends (where getting done by the cops would be the least of my worries) then there would be people to back you up.

As a side note most of the cops that i have met have been great, helpful and want to try to understand (granted i have not been 'in trouble' since i have been here).

I just find it hard to believe that if you get attacked and he ends up getting hurt (not counting excessive force). that it could go to court and you end up getting convicted. is there anybody who actually has been in that situation (and i don't mean a friend or a friend of a friend)
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jajdude



Joined: 18 Jan 2003

PostPosted: Sat Oct 14, 2006 3:35 am    Post subject: Reply with quote

I heard of a foreign guy accused of kicking a Korean (prostitute) in the stomach.

Accused, not proved. It was just the Korean's word.

(Apparently he did not even do it.)

He got fined 300,000 won.
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Sat Oct 14, 2006 6:09 am    Post subject: Reply with quote

SuperHero wrote:
in a fight the person who wins is the one who pays compensation regardless of who started the fight.


I've heard that quite a few times, but only from foreigners -- my ex-girlfriend claimed it was true, but quite a few other Koreans said they'd never heard of it. I once asked on Dave's for straight info about it and nobody could provide any.
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babtangee



Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!

PostPosted: Sat Oct 14, 2006 6:27 am    Post subject: Reply with quote

It rarely goes to court. The cops will encourage the individual who came off best to compensate the individual who got their head beaten. The cops don't want to go to court. That would just suck. If you are not going to help them avoid having to do the paperwork and court appearances involved in an unsettled dispute, you can be sure they won't be on your side.

My wife's cousin is a copper in Kangnam. This isn't exactly what I was told, but it was the jist of it. I'll ask him directly next time I see him.
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stevieg4ever



Joined: 11 Feb 2006
Location: London, England

PostPosted: Sat Oct 14, 2006 4:07 pm    Post subject: Reply with quote

I kind of assumed it was like that, the person who incurs the most injuries receives the compensation. unless there is a foreigner involved as it appears from some of the accounts.

it seems to be some rather ambiguous ground here and i was wondering if anyone had actually been in this situation and could verify what the law is or not.


SuperHero wrote:
in a fight the person who wins is the one who pays compensation regardless of who started the fight.
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Sat Oct 14, 2006 7:39 pm    Post subject: Reply with quote

babtangee, that's interesting... so it's not really written in the law that way, it's just how the cops choose to sort things out?
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doggyji



Joined: 21 Feb 2006
Location: Toronto - Hamilton - Vineland - St. Catherines

PostPosted: Sat Oct 14, 2006 8:06 pm    Post subject: Reply with quote

Of course, 정당방위 law exists.

http://100.naver.com/100.nhn?docid=135882

How it's actually enforced in each case might be the real question. It reminds me of those 유학생(Korean students abroad) stories where bullying kids get away with their perfect English. One of my Korean friends had such a tough life in high school when he first came to Canada.
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Pyongshin Sangja



Joined: 20 Apr 2003
Location: I love baby!

PostPosted: Sat Oct 14, 2006 9:11 pm    Post subject: Reply with quote

Yes, yes. All things are relative, everything in Korea is just as bad everywhere else.
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babtangee



Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!

PostPosted: Sat Oct 14, 2006 9:31 pm    Post subject: Reply with quote

Hater Depot wrote:
babtangee, that's interesting... so it's not really written in the law that way, it's just how the cops choose to sort things out?


No, the law is like that. The cops are pretty much coming to the same conclusions as the courts; except people are avoiding jail time by financially compensating the people they beat/rape instead of going to court.
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