Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Legal system in Korea: Serious only
Goto page 1, 2, 3  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum
View previous topic :: View next topic  
Author Message
John_ESL_White



Joined: 12 Nov 2008

PostPosted: Sat Dec 06, 2008 3:19 am    Post subject: Legal system in Korea: Serious only Reply with quote

I used to work in law back home and I know the US judicial system pretty well. However, I've been led to believe that the Ks have adopted the UK system.

In the US, the accused is innocent until proven guilty. In the UK (I think), the opposite is true.

Anyway, I've found myself heading to court. Does anyone know what a trip to the prosecutor's office entails?

Long story short: guy hit my wife, I hit guy. I paid guy 4 million won.

Police said that I would have to pay a fine. 3 months later and no letter from the cops. Instead, the prosecutor's office called and said I would have to appear for a hearing. I thought that once I paid the idiot who hit my wife off, I'd pay a small fine (1 million) to the cops and that'd be that. But no, there's more....
Back to top
View user's profile Send private message
Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Dec 06, 2008 3:25 am    Post subject: Reply with quote

PM me if you need the contact for an English-speaking lawyer who is certified to practice in Korea and in NY State.

Also, I studied the legal system in London and I can tell you your "guilty until innocent" idea is not correct.
Back to top
View user's profile Send private message
Css



Joined: 27 Sep 2004
Location: South of the river

PostPosted: Sat Dec 06, 2008 3:29 am    Post subject: Reply with quote

You will find that the US adopted the UK system. You cant seriously believe that you are guilty until proven innocent in the UK..can you?

Did the prosecutors office tell you what the hearing was about? I was under the impression that in cases like that, you pay the 'damages' instead of going to court and getting charged etc.

Sorry to hear about your wife..How come he didnt have to pay damages to her?
Back to top
View user's profile Send private message
John_ESL_White



Joined: 12 Nov 2008

PostPosted: Sat Dec 06, 2008 3:46 am    Post subject: Reply with quote

Css wrote:
You will find that the US adopted the UK system. You cant seriously believe that you are guilty until proven innocent in the UK..can you?

Did the prosecutors office tell you what the hearing was about? I was under the impression that in cases like that, you pay the 'damages' instead of going to court and getting charged etc.

Sorry to hear about your wife..How come he didnt have to pay damages to her?


Honestly, I don't know as I've never been a citizen of the UK. Sorry. I read it on this website, in a post, a while back.

Anyway, she didn't press any charges.

The prosecutor told her that the hearing is about the 'incident'.

The police told me 3 month's ago that all I needed to do was reach an agreement and pay off the arsehole, which I did. They said that above and beyond that, I would have to pay them (the police) about 1 million.

I'm pissed that the prosecutor's office is pulling some BS in this situation. It's retarded.

My gut tells me to go and tell them to f-off, but my brain tells me to hire an attorney and get this settled for once and for all......
Back to top
View user's profile Send private message
RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Sat Dec 06, 2008 3:51 am    Post subject: Reply with quote

Can you give the exact definition of "hit" as it applies in both cases here?
Back to top
View user's profile Send private message Visit poster's website
sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Sat Dec 06, 2008 3:54 am    Post subject: Reply with quote

It's known as the common law system, but interpreted differently in each country. Why did you have to pay 4 million won to a guy you punched that assaulted your wife? This is absurd! He should had just left and left it at that as long as you didn't put him in the hospital. He'd have to sue me and win before I'd pay 4 million blood money on the street or he'd have to force me to withdraw it from the bank and that's not very doable.

Any man would attack if a man assaulted their wife, especially in their presence. I would go crazy. What kind of sillyness is this? What about him paying blood money to your wife!? Who forced you to pay the blood money? To my understanding, in common law, only the police can force you to pay a fine and civil court force you to pay for damages equaling the cost of the damage and you never voluntarily pay unless settling something out of court where you know you're responsible to a certain extent.

It's one thing to punch, shove, and cuss an assailant, but another to do excessive damage. Did you go nutz and cause serious injury to the guy or is he using the Korean system to take advantage of you for gaining your money? Maybe you should consider leaving Korea if it's truthfully absurd and unfair. If you know you're responsible due to excessive damage resulting from your temper, then pay and pass go.


Last edited by sojourner1 on Sat Dec 06, 2008 4:12 am; edited 2 times in total
Back to top
View user's profile Send private message
bogey666



Joined: 17 Mar 2008
Location: Korea, the ass free zone

PostPosted: Sat Dec 06, 2008 4:05 am    Post subject: Re: Legal system in Korea: Serious only Reply with quote

John_ESL_White wrote:
I used to work in law back home and I know the US judicial system pretty well. However, I've been led to believe that the Ks have adopted the UK system.

In the US, the accused is innocent until proven guilty. In the UK (I think), the opposite is true.

Anyway, I've found myself heading to court. Does anyone know what a trip to the prosecutor's office entails?

Long story short: guy hit my wife, I hit guy. I paid guy 4 million won.

Police said that I would have to pay a fine. 3 months later and no letter from the cops. Instead, the prosecutor's office called and said I would have to appear for a hearing. I thought that once I paid the idiot who hit my wife off, I'd pay a small fine (1 million) to the cops and that'd be that. But no, there's more....



you paid the guy? for WHAT? for hitting your wife? Shocked

anyways... in no developed country court are you ever guilty until proven innocent.

the differences lie in stuff like Miranda, habeas corpus, and technicalities.

the big difference with the UK courts (and in this way they are VASTLY superior to ours) is that if you sue someone and lose you have to pay the defendant's court/defense costs.

this would eliminate most of the nonsensical lawsuits in the US, but the lawyers will never allow such a reform to happen.
Back to top
View user's profile Send private message
jkelly80



Joined: 13 Jun 2007
Location: you boys like mexico?

PostPosted: Sat Dec 06, 2008 4:14 am    Post subject: Reply with quote

I'm pretty sure the divide is between code law and common law. Common law in the US and UK, code law just about everywhere else, at least in the west.
Back to top
View user's profile Send private message
John_ESL_White



Joined: 12 Nov 2008

PostPosted: Sat Dec 06, 2008 4:33 am    Post subject: Reply with quote

sojourner1 wrote:
It's known as the common law system, but interpreted differently in each country. Why did you have to pay 4 million won to a guy you punched that assaulted your wife? This is absurd! He should had just left and left it at that as long as you didn't put him in the hospital. He'd have to sue me and win before I'd pay 4 million blood money on the street or he'd have to force me to withdraw it from the bank and that's not very doable.

Any man would attack if a man assaulted their wife, especially in their presence. I would go crazy. What kind of sillyness is this? What about him paying blood money to your wife!? Who forced you to pay the blood money? To my understanding, in common law, only the police can force you to pay a fine and civil court force you to pay for damages equaling the cost of the damage and you never voluntarily pay unless settling something out of court where you know you're responsible to a certain extent.

It's one thing to punch, shove, and cuss an assailant, but another to do excessive damage. Did you go nutz and cause serious injury to the guy or is he using the Korean system to take advantage of you for gaining your money? Maybe you should consider leaving Korea if it's truthfully absurd and unfair. If you know you're responsible due to excessive damage resulting from your temper, then pay and pass go.


He didn't punch my wife. He hit her. he could have pushed her and received the same results.

It was enough for me. Women and children....

I restrained the guy for 5 minutes. He was drunk. He was a gyopo.

Anyway, I used (what would be deemed) excessive force (in the west). The guy was bigger and a lot younger.

He had to go to the hospital.

For all intents and purposes, the guy was an American (the reason he was mad at my wife and the girls she was with was because one of them commented on his 'korean language skills')-wrongfully so.

I'm sensitive enough to the plight of the gyopo that I told the girls to leave, while trying to calm him down. I know gyopos have problems here.

So, I tried to calm him down, but he was a keg of dynomite that night. I guess being in korea and being a Korean American with a Korean *beep* and not an American *beep*, AND, not speaking Korean really messed with him.

Anyway, he knew better. He messed up. He would NEVER pull that back home. (He's from Chicago BTW, if you know a gyopo with a reattached ear lobe and a nice left cheek scar).

I paid for his medical bills because it's Korea.

The police told me to reach an agreement with him and that I would only have to pay a fine to them of about 1 million won. No big deal. I paid off the gyopo, but never heard from the cops.

I thought they forgot about me. Then the prosecutor's office called.

So, my wife wants me to sacrifice one day to next week to see these morons. I won't do it. I hope to hire a lawyer.

What's the worse they can do?
Back to top
View user's profile Send private message
Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Dec 06, 2008 5:05 am    Post subject: Reply with quote

This story is another example of why foreigners should run before the police get there. Good luck Mr. White.
Back to top
View user's profile Send private message
New Balance



Joined: 15 Jan 2007

PostPosted: Sat Dec 06, 2008 5:34 am    Post subject: Reply with quote

So much "gyopo" in your post! I feel embarrassed to be one of them now. Anyway, hope things work out for you.
Back to top
View user's profile Send private message
John_ESL_White



Joined: 12 Nov 2008

PostPosted: Sat Dec 06, 2008 5:41 am    Post subject: Reply with quote

New Balance wrote:
So much "gyopo" in your post! I feel embarrassed to be one of them now. Anyway, hope things work out for you.


I have friends from elementary school that I am still in touch with that are korean-american.

They are wonderful.

But, some korean americans, that come over here, have some problems.... not all of you, but some...

And, those problems usually do not lead to violence. In fairness, most FTs here have some problems. And, they do not lead to violence either. But, when the FTs have a fight, they don't drag the police into it.

And, you'd be hard pressed to find a FT here who would hit a woman in a crowded restaurant..... just in my expereince... But, a Korean hitting a woman is just business as usual, in my experience.

I've seen it soooooo many times here.

Just what dad taught...

maybe the gyopos only come here after their foreign wife's leave them so they can beat up on women like their fathers beat their mothers...

just speculation, but who knows.

Maybe we can get a Korean university to conduct a study. Oh, no. It would be the first study of its kind, so there would be nothing to plagarize... anyway
Back to top
View user's profile Send private message
pkang0202



Joined: 09 Mar 2007

PostPosted: Sat Dec 06, 2008 6:03 am    Post subject: Reply with quote

The US, Canada, and the UK use the Common Law system.

Korea uses Civil Law system which is the most common system in the world.

There is a difference between the 2. In common law, the lawyers are very important. In civil law, the judge is more important.
Back to top
View user's profile Send private message
Css



Joined: 27 Sep 2004
Location: South of the river

PostPosted: Sat Dec 06, 2008 6:06 am    Post subject: Reply with quote

John_ESL_White wrote:


He didn't punch my wife. He hit her. he could have pushed her and received the same results.


What does this mean? He didnt punch or push her...What does 'hit' mean?

Did he slap her?
Back to top
View user's profile Send private message
Gwangjuboy



Joined: 08 Jul 2003
Location: England

PostPosted: Sat Dec 06, 2008 6:40 am    Post subject: Re: Legal system in Korea: Serious only Reply with quote

bogey666 wrote:


the big difference with the UK courts (and in this way they are VASTLY superior to ours) is that if you sue someone and lose you have to pay the defendant's court/defense costs.


Your are only partly right; In an employment tribunal, employees who bring claims - some totaling huge amounts, don't have to pay the employer's legal costs even if they lose. Hence, there are many absurd claims brought forward by disgruntled employees. I will give you a gem of an example if you want.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum All times are GMT - 8 Hours
Goto page 1, 2, 3  Next
Page 1 of 3

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International