CRIMINAL ACT Article 298 (Indecent Act by Compulsion)
A person who, through violence or intimidation, commits an indecent act on another shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding 15 million won.
The above regulation is a standard regulation of the indecent act by compulsion, a special law will be applied depending on the type of act, age of the victim and the relationship with the victim, which can result in a sentence up to 50 years.
In case of rape-like crime such as crime using drugs, alcohol or substances that makes victim’s mental or physical loss or inability to resist, the crime that perform in public places such as bus, subway, swimming pool or water park will also be considered as Crime of molestation at public places.
If you find yourself involved in any crime in the Republic of Korea as a foreigner, be sure to get proper legal advice as soon as possible. There are higher chances for foreigners to be detained as in many cases foreigners do not have fixed housing and have the possibility of fleeing Korea.
Also, foreigners are not familiar with Korean legal procedures and are facing a hard time when asking for help due to trouble in communication. Therefore, it is better to have english-speaking attorney, but most importantly your attorney should own expertise in both South Korean Criminal Law and Immigration law. Even though the case is settled with the victim, there still left possibility of getting restricted to extend your legal stay in South Korea, after reviewed by South Korean immigration authorities.
Yeohae Law Firm, Pyoung-ho Kim - an English speaking lawyer in Korea is here to provide you with the best possible legal approaches.
Pyoung-ho Kim, Representative Attorney, received the Excellent Lawyer Award from Korean Bar Association recognized his passion and devotion to his cases and clients. We provide specialized lawyer services for all foreigners in Korea.
A. In Korea, even if the victim did not sue or file a complaint, the perpetrator shall get punished.
A. Even if there is no evidence other than the victim's statement, it can be punished unless the victim's statement is considered false.
A. If the victim felt sexual shame, he or she could be punished for indecent assault even if he or she did not have any sexual interest intention when touching.
A. Even among homosexuals, you can be punished for indecent assault.
A. Depending on what kind of relationship with the victim and the situation at the time of the incident. If the victim felt sexual shame, he or she could be punished for indecent assault.
A. In Korea, sudden molestation is considered the same as assault or threat, and it will be punishment for molestation.
A. The statute of limitations for indecent Act by Compulsion is 10 years. However, In certain cases, the statute of limitations may be suspended.
A. If the suspicion is obvious or the case issue is serious, there is a possibility of getting arrested during the police investigation process.
A. Indecent assault is usually sentenced to years in prison or suspended sentence in Korea.
A. In the present, we provide English, Vietnam and Thai consultation. For any other languages, prior reservation is needed.
A. The most important thing is the statement you will give to the police during the investigation. Therefore, we recommend you to appoint the lawyer to represent you during the police investigation.
A. You have your right to refuse to give the statement. However, in case that there is clear evidence, by refusing to make a statement, it will be more disadvantageous to you.
A. Foreigners have the right to be assisted by a lawyer. It is better to say that you will be investigated after a lawyer arrives because what you said in the absence of a lawyer can work against you.
A. Victims can assist a lawyer, Yeohae law firm are currently helping victims. We are working on writing complaints, investigating processes, and submitting a written opinion to make perpetrators receive proper punishment.
A crime of committing adultery or similar sexual acts by using violence, intimidation, inability to resist due to alcohol or drugs, etc.
A crime of photographing or distributing the body of another person that may cause shame by using a mobile phone camera or micro-camera
- 2011 Passed the Judicial examination
- 2011 1st Bar Exam Reviewer (Ministry of Justice)
- 2011 54th judicial examination reviewer (Ministry of Justice)
- 2013 Seoul Central District Court Civil Conciliation Committee
- 2013 Deputy Prosecutor at Jeonju District Prosecutors' Office
- 2013 Professional Institutional Training in the Office of the National Assembly Member
- 2013 KOTRA Washington Trade Center Study on U.S. Government Procurement Laws
- 2015 Member of International Committee of Korean Bar Association
- 2015 Member of Autonomous Committee for Countermeasures against School Violence at Seoi Elementary School, Seoul
- 2017 Director, Korea Paragliding Association
- 2017 Member of the Seoul District Bar Association Judging Committee
- 2017 Seoul Family Court Adult Guardian
- 2020 Seoul Entrepreneurs Association Regulation Reviewer
- 2020 Member of the protection of school rights at Seoul Seoi Elementary School
- 2021 Korean Bar Association Young Lawyers Award
- 2021 Excellent lawyer selected by the Korean Bar Association
Education: Graduated from Yonsei University, Department of Physics
language: Korean, English
Press release
Navigation: Search ‘여해법률사무소'
Subway: Line 2 or 3, Gyodae Station, Exit 6, 100m in front of the East Gate of the Seoul Central District Court
Parking: 30-minute parking ticket provided when using the Coffee Bean Gyodae Courthouse Parking Lot (Blue One), 156 Seochojungang-ro, Seocho-gu, Seoul
Address: Room 403, 154, Seochojungang-ro, Seocho-gu, Seoul (Hwapyeong Building, Seocho-dong)