Korean Job Discussion Forums

[Ruthdes]

For the last 5 weeks, I�ve been dealing with the unenviable situation of having my best friend in Korea in jail on drugs charges. He came back to Korea for a new job after being home for a bit, but sent himself a box of hash cookies in the mail (from a fake address) before he left. It was presumably picked up at customs using sniffer dogs, and when he signed for the package at his school, it was a sting, and he was arrested. I�m told, but have not confirmed, that he was then put in car and driven around Busan until he confessed. It was an amount consistent with personal use, and I�d stake my life on what I know of him, that he had absolutely no intention of selling it to anyone.

Now obviously, he is stupid�stupid stupid stupid. Yes, he gives other English teachers a bad name, yes he knew the law, nobody is saying he just deserved to have it confiscated and get a slap on the wrist. I�ve had this conversation so many times over the last 5 weeks and this ISN�T what this post is about. He knows how stupid it was, and he has never, and will probably never again regret anything so bitterly in his whole life.
What I�m interested in is our RIGHTS in Korea. I�ve just finished re-watching 2 videos (one�s in 3 parts) about your rights in America. I�m not American, but it�s still hugely interesting, and is a must-watch for all Americans.

The first is called �Don�t Talk to Cops� �
http://www.youtube.com/watch?v=i8z7NC5sgik (Part one)
http://www.youtube.com/watch?v=08fZQWjDVKE (Part two)
The second is called �BUSTED: The Citizen's Guide to Surviving Police�
http://www.youtube.com/watch?v=yqMjMPlXzdA

Between them, they spell out what you should do if you have an encounter with the police, whether you�re guilty or innocent. They tell you what your rights are and how to exercise them.

I�m wondering how much of this is applicable in Korea. You DO have the right to remain silent here. I�m wondering if my friend had exercised that right, they may not have had enough evidence to charge him, and he may have been released�maybe. But what about other rights?

There are a lot of resources on Dave�s about your rights when it comes to contracts and visas, but very little on criminal matters.

I attended my friend�s trial on Wednesday, where he pleaded guilty to the charge of importing marijuana. His sentencing is on the 16th. He�s looking at 2.5 years jail time, but there is a good chance that it�ll be suspended and he�ll be deported. This is what we are all hoping for. At the same time, there were two western men, an American and a Canadian, both charged with buying and smoking hashish. From what I could surmise, they had been ratted out by their dealer (the same guy for both) who had been arrested earlier and thrown them under the bus, presumably to reduce his own sentence. They both also pleaded guilty and are looking at 1.5 years each, presumably suspended too, but I don�t know that for sure.

I�m wondering what would happen if you were falsely accused by someone to save their own arse. You�d need a lawyer, and just so everyone knows, it costs a LOT of money. Even if you were found not guilty, would you even be able to stay in Korea? Would you want to? So what are our rights here? If the police come to your door, do they HAVE to have a search warrant to come in? Can they search you on the street? Are there any resources specific to Korea to answer these questions? The language barrier makes it so much more complicated here than it would be for us at home.

So, can anyone provide links to information about criminal legal matters? This situation sucks big time to be in, believe me. We all know that drugs are illegal here, but I don�t know if most expats know just how bad it is. If, god-forbid, I�m ever confronted personally with a cop who thinks I�ve done something illegal, I�d like to know where I stand with my rights.

[Enrico Palazzo]

It's fine to discuss legal rights of people in this country, but is not acceptable to discuss how one may avoid testing positive after smoking cannabis. This is not England. It's not legal to consume that. If you do, that's your personal problem. Keep things professional....

[Captain Corea]

If confronted by a cop, I'd be cooperative up until the point that I felt my rights were being violated. After that, I'd refuse to comply, and simply continue to request a lawyer.

[GoldMember]

The police carry a piece of paper written in English that tells you that you have the right to remain silent.
Unfortunately most of the clowns who get in trouble don't keep their big trap shut. SHUT UP! got it.
Secondly you have the right to inform your embassy. The police will encourage you to waive that right by signing a document. Don't do it.

The police here are stupid, those who blab and sign away their rights are even more stupid.

[hellofaniceguy]

I don't know how many boneheads get arrested for drugs, theft, etc...be they koreans or non koreans...but the fact remains...non koreans have no rights in korea...in the U.S., non U.S. citizens also have no rights when it comes to cops' questioning....still....I why would anyone with a decent head on their shoulders...answer any questions short of name/address, etc...?
I would never ever tell the cops anything short of name/address/job.
Anything else, I am not answering your questions. Period. I have nothing to say to you? What part of "I am not talking to you don't you understand?" The Embassy will not help you or me if we get into trouble...after all, you brought it on yourself!
The cops might inconvenience me by locking me up for a spell�..so what. It won't hurt me....because I know I did nothing wrong!
Keep your mouth shut when talking to cops�you will only dig a deeper hole! Just give them your name/address/job. And for the love of Pete�don�t be a snitch! You are not perfect either!

[Ruthdes]

Thanks for the replies. Is that true that if I get arrested in America I don't have the right to remain silent because I'm not an American citizen? I find that hard to believe. Anyone have links to hard facts though? That's what we really need here on Dave's. So we KNOW what are rights are and can assert them if needs be.

With respect to not talking, watch BUSTED (link in the original post). It really spells out how it is so easy to accidentally give up your rights if you don't have your wits about you. It's so easy to see how it could happen like that to you.

Mods, I hope you don't think I was trying to start a post on beating drug tests. This isn't what I'm writing about. I want everybody to know how to assert their legal rights if they have an encounter with Korean law enforcement.

[madoka]

I think our very own bundangbear posted videos of himself getting arrested in the U.S. but the thread was deleted. Perhaps because a lot of people thought he was an idiot for refusing to talk to the police. At that point the policeman got suspicious and found drugs on him. So I'm not sure this "no talk" policy is the wisest idea either.

[madoka]

[Dimitris Stylianos]

[hugekebab]

[madoka]

[Ruthdes]

[madoka]

[Dimitris Stylianos]

[Ruthdes]