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 

Korean laws are different- open your eyes!
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum
View previous topic :: View next topic  
Author Message
Benicio



Joined: 25 May 2006
Location: Down South- where it's hot & wet

PostPosted: Mon Nov 27, 2006 4:03 am    Post subject: Korean laws are different- open your eyes! Reply with quote

Split from the thread about the guy saying he was sort of arrested for assault.

I'm not really buying the guy's story because it just doesn't add up.

Anyway, I know most people know it, but after reading many of the comments, some just don't understand the concept that laws are different in Korea.

Korean law:
-You injure someone, you pay them!
-It does not matter who attacked first, if you injure them more than they injure you, you pay them! It's called "blood money".

Let's say some drunk idiot comes up and smacks me or my girlfriend:
If I lay him out and hurt him, he can get money from me.

Some waygooks just dismiss the thought because they say it's "just ridiculous!" or "it can't be true because it's so unfair!".

Is it ridiculous? Of course! In some situations, it rewards the attacker or the real guilty party. That goes against every idea we waygooks have about justice, but that's the way it is here.

Over a year ago, I was riding my scooter and a lady just bolted across the street(illegal jaywalking) without looking out. She ran right into the side of my scooter and fell over. She knocked her head, but was not seriously injured, even though she claimed near fatal wounds at the time!
Except for not having insurance on my bike, I broke no laws. I wasn't speeding. I wasn't riding dangerously in a pedestrian area. Nothing.
She was the stupid jaywalker, but because she was injured, I got fined 1 million Won. Was it fair? No.
The only lesson I learned is if something like this ever happens again, flee the scene as fast as possible. Don't be so arrogant or foolish to believe that the law is totally fair and will agree with your side.

In the other thread, it was amazing to read how people were treating the situation in the same manner as laws and agencies act back in their home countries.
In the case of very violent crimes or even drug busts, the suspects are detained in jail. In pretty much all other cases, the parties will be held in the station office while the police get statements to see what happened.
This is also a kind of "cooling off period" where they try to get the parties to negotiate with each other over an agreed settlement.
If no settlement is reached, they let both of them go. They know who you are. You will be contacted later.
Next, the parties are given a time to negotiate- 1 to 2 months usually.
If still no resolution is reached, they will go before a judge in civil court.
Sometimes, the judge will give one more chance to negotiate. Then, they will decide who owes who how much(there are no juries in Korea). They usually favor the person who was injured most.
Believe me, you will not be given adequate time to explain your side of the story in court.
When the fine is given, the loser is given an amount of time to pay it. This time can be extended if there are extenuating circumstances.
If you can't or won't pay the fine, you can be jailed or your wages can be garnished.
For cases like this, a basic retainer for a lawyer will start at 1 million Won. It's not even worth it for small, civil cases. Luckily, my good friend's fiancee is a lawyer, so he helped me in my case.
The cops can't be counted on to help. No matter how strongly you feel that the law and justice should be on your side, they will seem like useless slugs. They see their first and foremost duty as trying to facilitate negotiations for settlements(blood money). They will push or cajole you to try and settle and not bother them or the courts about it.

IF YOU GET INTO A FIGHT WITH A KOREAN, FOREIGNER, WHATEVER, FLEE THE SCENE AS FAST AS YOU CAN. DO NOT EXPECT THE LAW TO HELP YOU!
Back to top
View user's profile Send private message
Pyongshin Sangja



Joined: 20 Apr 2003
Location: I love baby!

PostPosted: Mon Nov 27, 2006 4:13 am    Post subject: Reply with quote

Amen.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Mon Nov 27, 2006 4:20 am    Post subject: Reply with quote

It's SOOOO counter-intuitive, considering that in many countries you can be charged with, "leaving the scene."....
Back to top
View user's profile Send private message
MikeJ123



Joined: 31 Jan 2006

PostPosted: Mon Nov 27, 2006 4:25 am    Post subject: Re: Korean laws are different- open your eyes! Reply with quote

Benicio wrote:
IF YOU GET INTO A FIGHT WITH A KOREAN, FOREIGNER, WHATEVER, FLEE THE SCENE AS FAST AS YOU CAN. DO NOT EXPECT THE LAW TO HELP YOU!


Amen to that. run like hell and never look back. i never want to be caught for doing anything in this country. I'll be found guilty for good or ill
Back to top
View user's profile Send private message
Benicio



Joined: 25 May 2006
Location: Down South- where it's hot & wet

PostPosted: Mon Nov 27, 2006 5:12 am    Post subject: Reply with quote

In the case of vehicular accidents, you can be charged with "leaving the scene".
Not so in fights or other altercations.

Cops in Korea are best at doing one thing: keeping their thumbs firmly planted up their butts!
Back to top
View user's profile Send private message
stumptown



Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea

PostPosted: Mon Nov 27, 2006 5:42 am    Post subject: Reply with quote

Benicio wrote:
In the case of vehicular accidents, you can be charged with "leaving the scene".
Not so in fights or other altercations.

Cops in Korea are best at doing one thing: keeping their thumbs firmly planted up their butts!


Strange thing but last night during my first move to Paju, some dude was getting off on beating the living shit out of his wife and when I went down, the security ajosshi was restraining him. His wife was curled up in the fetal position and crying hard. I called the cops and when I told them I was a foreigner they were there almost immediately. The guy tried to grab his wife and take off but they stopped him and told me and the security guard to go. Fearing nothing would happened, I walked around and watched from the darkness. The guy was blitzed and started talking crap to the cops about him being Korean and I'm a foreigner and what do I know at which point he got body slammed and cuffed and stuffed into the back of the police car. I just hope that isn't an omen as to what the next year is going to be like here.Tomorrow...I'm checking out the local Hapkido and Tookkong Musul gyms. Time to prepare. I kind of feel like Travis Bickle in Taxi Driver.
Back to top
View user's profile Send private message
Benicio



Joined: 25 May 2006
Location: Down South- where it's hot & wet

PostPosted: Mon Nov 27, 2006 7:25 am    Post subject: Reply with quote

Well, stumptown, I'm certainly surprised at your story.
Usually the cops arrive late and just totally screw up the situation.

Wife beating is a popular pastime for ajosshis. The wife has to press charges and, most of the time, they don't.

I bet they took them to the cop shop and let them both go in under 2 hours.

You did the right thing. You didn't get into assaulting the guy and you called the cops right away. I'm quite surprised they showed up so quickly!
Of course, the guy who was beating his wife tried to play the race card and tell the cops they are wrong because you are a foreigner and you have no place here. Sadly, this tactic works sometimes.

Be careful in these situations. If you end up hurting the guy, everyone will blame you, including the wife sometimes. There are stories of guys intervening on wife beating- he takes the guy down. Then, the wife jumps on her savior and starts beating him for messing with her man. I've been told by cops back home that in a domestic dispute, restrain the wife first. Don't turn your back on her. Many a cop has been surprised with that one.

Stay strong!
Back to top
View user's profile Send private message
jajdude



Joined: 18 Jan 2003

PostPosted: Mon Nov 27, 2006 8:48 am    Post subject: Reply with quote

Stump, I think you did a good thing that few others would do. Usually no one gets involved in these things. Was the security guy going to call the cops or just restrain and try to calm down the drunk guy? Who knows?

Do you live in the same building as the drunk and wife?
It may be weird if you see them around.
Back to top
View user's profile Send private message
stumptown



Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea

PostPosted: Mon Nov 27, 2006 3:41 pm    Post subject: Reply with quote

jajdude wrote:
Stump, I think you did a good thing that few others would do. Usually no one gets involved in these things. Was the security guy going to call the cops or just restrain and try to calm down the drunk guy? Who knows?

Do you live in the same building as the drunk and wife?
It may be weird if you see them around.


I seriously doubt that he'll remember me. I just don't get what was going on in his head...nothing at all probably. The security dude was just trying to keep him away, and I think that the cops came so quicky because they were doing the whole protecting the "Korea pride" BS. I'll do it again and again if I have to. The look on the chick's face when she saw I was a whitey was priceless. Ususally when I hear a scream, I just let it go, but I could actually hear the physical contact. I thought about doing something, but I was shaking so bad from adrenaline I thought my legs were going to give out.

The sad thing is, I told a few people (Koreans) and their reaction was "Hm...really...wow." No concern or disgust whatsoever. Hub of Asia, my ass.
Back to top
View user's profile Send private message
Hater Depot



Joined: 29 Mar 2005

PostPosted: Mon Nov 27, 2006 4:21 pm    Post subject: Reply with quote

Quote:
Korean law:
-You injure someone, you pay them!
-It does not matter who attacked first, if you injure them more than they injure you, you pay them! It's called "blood money".

Let's say some drunk idiot comes up and smacks me or my girlfriend:
If I lay him out and hurt him, he can get money from me.


I asked a while ago if anybody could provide me the Korean name for ths principle or just cite a newspaper article or something... nothing. I've gotten mixed replies from Koreans too, some said it was true, others denied it.
Back to top
View user's profile Send private message
RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Mon Nov 27, 2006 7:00 pm    Post subject: Reply with quote

It is true. The number one rule to remember: if you mess someone up, even if they really deserved it, you should get the christ out of there. Even if he tried to rob you, he'll tell the police you attacked him. Just run.
Back to top
View user's profile Send private message Visit poster's website
Benicio



Joined: 25 May 2006
Location: Down South- where it's hot & wet

PostPosted: Mon Nov 27, 2006 7:26 pm    Post subject: Reply with quote

Quote:
I asked a while ago if anybody could provide me the Korean name for ths principle or just cite a newspaper article or something... nothing. I've gotten mixed replies from Koreans too, some said it was true, others denied it.


Hater Depot,
it's called "blood money"(hap-uei-guem). It does not matter who hit first. It matters who was injured the most. Self-defense here only exists so far as in getting your attacker to stop attacking you. You are not legally allowed to hit back.
Generally, the cops' idea is that if you are attacked, curl up into a ball and hope they arrive in time. Then, you can get a nice payday for yourself.

So, you've asked some Koreans about this and failed to get a definitive answer. Well, in my situation, I was getting all kinds of different answers from many people, inlcuding cops and lawyers. A lot people here seem to be in the dark as to how the legal world works. In the West, the law is very black and white, cut and dried. Not so here.

The truth is cut and dried, though: no matter what, you injure someone= you pay them.

If anyone is still doubting this, they are welcome to give it a shot and find out the truth.

It cost me more than a million Won to find out the truth!
Back to top
View user's profile Send private message
charlieDD



Joined: 16 Jun 2006
Location: Seoul, Korea

PostPosted: Mon Nov 27, 2006 7:29 pm    Post subject: Reply with quote

Reminds me of a guy who's teaching in Korea now, after having taught in the UAE (United Arab Emirates -- in Dubai) at a university in a freshman "prep year" program (they have to take a prep year to make up for all the education they don't get in high school).

He punched a student ! (Mind you, Arab young men - freshmen - are much more fully grown men than Asians / Koreans, and can be quite intimidating.) The student had spat on him.

He knew he could only lose in the situation - - and would likely end up in jail. So, he went directly home, got his passport, packed a minimal bag, and caught the first plane he could out of the country, leaving his car and other possessions behind.

It also reminds me of stories I have heard that in the 1960's and 70's in Korea a not so rare way of getting "rich" quick was to jump out in front of a moving car (this is when cars were only for wealthy people). Heard old men or women would "take one for the family" and do this.
Back to top
View user's profile Send private message
stumptown



Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea

PostPosted: Mon Nov 27, 2006 7:47 pm    Post subject: Reply with quote

Quote:
Wife beating is a popular pastime for ajosshis. The wife has to press charges and, most of the time, they don't.


What the hell is this all about anyway. What perverse pleasure do these jerks have in beating their wives? This guy that I was just talking about had a big smile on his face. Why doesn't anyone, like the security ajosshi ever get involved. Days like this, I think what a national waste of skin. Hopefully something will come along and pull me out of this feeling of gloom. [/b]
Back to top
View user's profile Send private message
stumptown



Joined: 11 Apr 2005
Location: Paju: Wife beating capital of Korea

PostPosted: Mon Nov 27, 2006 7:47 pm    Post subject: Reply with quote

double post

Last edited by stumptown on Mon Nov 27, 2006 9:19 pm; edited 1 time in total
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  Next
Page 1 of 2

 
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