Korean Job Discussion Forums

FistFace

A friend working at a hagwon at an area close to South Seoul needs help.

A while back (before the Peter Jackson mess began) he was accused of inappropriate contact with a student. The student in question, a young girl, says that he touched her innapropriately in some way. This student's parents have made the accusation and involved the police.

My friend has been to the police twice since then, and now has a court date. Both times, the police have put him through questioning, and tried to get him to admit fault. He has admitted no fault, because he never did anything wrong. He claimed that the accusations are false, and when pressed to admit fault by the Police (and signing statements where he described his side of the situation), he cut them short and said he would speak to them no further until he got a lawyer. It sounded to me like the police didn't have enough to go on, and were "fishing." They let him go, but set a court date of some kind.

I have instructed him to get a lawyer. He is doing so. He still has his passport, however there is now a travel restriction on him leaving the country. His court date is approaching.

On one occasion, the police showed him a video from the classroom camera. It does not show any inappropriate touching of any kind, however, there is a short segment for just a second or two where you can't see his hands (either they were under the desk, or out of the frame) and the child is near. That is when the police insist that the inappropriate touching took place - with the hands, apparently, although he wasn't very specific with me about what they were accusing him of doing. The student said it happened in class, and since they can't seem to find any other time when he was near the student, they are keying-in on this time frame as when the "touching" took place -- for just a few seconds.

Since this has happened, his boss has refused all direct contact with him. He only hears of things from the boss though another friend/co-worker (I forget which he said). Essentially, he is jobless and waiting to see what happens next.

It should be noted that my friend is nearing the end of his contract, but that these accusations came from the parents.

People with more Korean legal experience... where does this guy stand, and what can be done? Where do you see this going? He's in his first contract here, and has no legal record back home (yeah, I know that doesn't matter much). It appears that it's just his word against the child, who appears to have been coached by the parents. He wants to sit down and talk with the boss and the parents, but they refuse. He thinks the child, who was new to the class, might have been scared or confused at having class with a foreigner for the first time. That, or the parents put the child up to this. I find it quite interesting that this happened near the end of his contract, and that his boss refuses to have contact with him.

Milwaukiedave · Joined: 02 Oct 2004 Location: Goseong

That's totally messed up. I can't help you, but goodluck to your friend. Dealing with the Korean legal system is going to be a tough one.

bassexpander · Joined: 13 Sep 2007 Location: Someplace you'd rather be.

Your friend should also contact the Labor Board by dialing 1411 (yeah, it's a short number). Go there and file a claim. He should tell them that he is no longer allowed to work at his school, why he cannot work, and that he fears this may be something the boss is doing to get out of paying the bonus. At least get them in on the loop, because if he is let off of this, he should make sure he's not out of his plane ticket back, and possibly a bonus.

halfmanhalfbiscuit · Joined: 13 Oct 2007 Location: Seoul

Typhoon · Joined: 29 May 2007 Location: Daejeon

Your friend should have wrote their side of the story and signed it when the police asked. This is a standard procedure for car accidents where fault is being contested, fights or any legal disagreement. Failure to give a statement is often looked upon as a sign of guilt as the party who doesn't give a statement is thought to be thinking up a story. It also would have protected your friend down the road as stories can change from the original complaint date and his version of the story would have been on record. Now only the other parties story is on record and that is not a good thing. My only advice now is to get a better lawyer (ie. more expensive with a higher status in the legal world) than the other party. Korean justice is not really fair. Your friend is at a disadvantage by being a foreigner and not having followed Korean legal procedure. The only way to even the playing field is to get an awesome lawyer.

ED209 · Joined: 17 Oct 2006

Why would a teacher, even a perv touch a kid with a camera in the room. What, he sits around in class waiting the kiddies to wonder into the blind spot? Cops should have slapped those parents around a bit. Unfortunately everything is against your mate. This country is a bit behind in investigating these cases and calling in the right people to take child statements. Your friend could always do the Korean thing and beg forgiveness and pay off the parents(I'm almost being serious there). If your friend is innocent then this possibly be some sort of con.

Never sign anything in a police station without your own lawyer, not with the police lawyer, not with your director, and certainly not with the police translator as your advisor(non of these people have your interests at heart).
Call the embassy get a list of lawyers and contact them. Is EFL-law still running? Maybe you should post there.

Boodleheimer · Posted: Sun Oct 21, 2007 10:12 pm Post subject:

MarionG · Joined: 14 Sep 2006

The "he should have wrote (sic) his side of the story" would have been good advice, if there had been a specific accusation. (I.E. on Thursday, July 21, at 2:15 pm this teacher xxx" but apparently all that was said is that the child has accused him of inappropriate touching at some point on some unknown day in some unspecified way.

What's "his side of the story" on that? It's not much more than "what are you talking about," or "I have never done any such thing" or along those lines. No specific accusation makes it pretty hard to "give your side of the story" since there isn't much of an "other side of the story."

Useful advice is, uh, more useful.

cubanlord · Joined: 08 Jul 2005 Location: In Japan!

could it be a witch hunt?

gypsyfish · Joined: 17 Jan 2003 Location: Seoul

FistFace · Posted: Mon Oct 22, 2007 1:43 am Post subject:

Update:

I asked him what they said he actually did, and the police were not able to tell him exactly what he did that brought on the allegation. They aren't able to say where he allegedly touched this young girl.

I have also learned that this "court date" is actually with a public prosecutor (whatever that means).

He hasn't been formally charged with anything.

I don't understand the Korean legal system, or what this is all about, so I don't know what else to say. Anyone understand what a "public prosecutor" is?

He is contacting the labor board, and has contacted a lawyer. From this point, I think enough has been said on here. If I learn more down the road, and it's safe to update, I will post.