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Good Samaritan Laws??????

 
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exit86



Joined: 17 May 2006

PostPosted: Thu Dec 06, 2007 5:12 pm    Post subject: Good Samaritan Laws?????? Reply with quote

Does anyone know if Korea has "Good Samaritan" Laws comparable to those in the U.S. and other Western countries?
I have witnessed 5 motorbike/auto accidents where nobody has helped.
I myself have been very hesitant to help--though I am certified
in Red Cross First Aid and CPR--out of fear of a law suit
if anything were to go wrong with the situation:
escalation (in terms of other drivers reacting to my on-site care, thereby causing accidents themselves) or with the victim (complications/death due to the injuries they've sustained from the primary accident).
In situations where an at-fault driver has fled the scene of an accident and it is only myself (the direct care-giver) and the victim, I could easily imagine a "his word against my word" scenario whereby I am blamed for an accident which I had no part in whatsoever (in hopes--on the part of the victim and/or his or her family--of monetary compensation), further reinforced by Korean law.
Additionally, as a non-Korean in Korea, I feel very much at a disadvantage
in terms of personal rights and the enforcement/violation of those rights by the Korean police force and legal system. (It is very much open to debate whether or not "Law" actually exists in this country due to
its subjective nature, total lack of universal enforcement, and
utter disregard/lack of knowledge by the populace.)
In terms of the abovestated scenario and the "Good Samaritan" Law, does anyone know of any related scenarios or legal cases?
It is absolutely insane that one has to fear very crooked "blood money" legal repercussions for selfless and benevolent behavior; but,
"This is Korea . . . . ."


Last edited by exit86 on Thu Dec 06, 2007 6:48 pm; edited 2 times in total
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Thu Dec 06, 2007 5:18 pm    Post subject: Reply with quote

From what I've read, an it's not official government sites, there is no good samaritan law in Korea. You can actually be taken to court for helping someone if they feel you shouldn't have helped them. For example, if you try to help up a motorbike accident victim and you hurt his arm even more. You now owe him money.

I would give first aid to someone, but I'd be careful, especially when the police come and you are automatically their number 1 suspect.
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JungMin



Joined: 18 May 2005

PostPosted: Thu Dec 06, 2007 5:34 pm    Post subject: Reply with quote

Just call 119 and let them take care of it. Safest bet.

A few months ago, I saw a a pizza dude run a red light at full steam and he drove into the side of a car. He flew over the hood and landed a good 15m or so away.

There were tons of people around looking but not doing anything. I didnt want to get involved personally, just called 119 and left when the cavalry arrived.
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RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Thu Dec 06, 2007 5:47 pm    Post subject: Reply with quote

JungMin wrote:
Just call 119 and let them take care of it. Safest bet.


Never ever ever ever do this, or you'll be the one getting arrested.

If there is a good samaritan law in the country, it's that it's illegal to be a good samaritan.
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shaunew



Joined: 17 Apr 2007
Location: Calgary

PostPosted: Thu Dec 06, 2007 5:56 pm    Post subject: Reply with quote

Don't get involved, is the safest bet. If Koreans can't help their own pure blood brothers then way the hell should you. I was hit be a car here a few years back. Guy going down a small side street clipped me. I went flying he took off. About 10 people around no one helped me up or called the police. Lucky I was about two blocks from my home. I crawled there on my hands and knees. So if I see a Korean get hit or something I just look on like everyone else.
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tsgarp



Joined: 01 Dec 2003

PostPosted: Thu Dec 06, 2007 5:59 pm    Post subject: Reply with quote

As far as I know most Western places also do not have Good Samaritan Law.
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exit86



Joined: 17 May 2006

PostPosted: Thu Dec 06, 2007 6:46 pm    Post subject: Reply with quote

The U.S does for sure, though it may vary on a state level. I'm sure our friendly neighbors to the north
in Canada would as well, though I believe they aren't quite as litigation-happy as Americans have come to be, therefore lacking the immediate necessity for such counter-litigation legislation. (Can any helpful Canucks confirm this?)
Europe--I have no idea.
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Fri Dec 07, 2007 10:18 am    Post subject: Reply with quote

Australia does to an extent.

If you're a qualified surf life saver, have Red Cross certification or a first aid certificate you're required by law to give assistance if there's an accident or some colapses, etc until an ambulance or doctor arrives to help.
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