Indecent Act by Compulsion

Indecent Act by Compulsion

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.

Criminal Defense for Foreigners in Korea

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.

Excellent Lawyer Award from Korean Bar Association

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.

FAQ

Q. In Korea, Even if the victim of indecent assault does not file a complaint will the perpetrator get punished?

A. In Korea, even if the victim did not sue or file a complaint, the perpetrator shall get punished.

Q. Will the perpetrator get punished even if there is no evidence other than the victim's statement?

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.

Q. Will jokingly touching chest or butt without sexual interest considered and get punishment as incident Assault?

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.

Q. Will it be considered as indecent assault when both victim and the perpetrator are same sex (homosexuals)?

A. Even among homosexuals, you can be punished for indecent assault.

Q. Is stroking down hair or touching stomachs considered 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.

Q. Even if without assault or any threat and by just touching breasts, will it be considered as indecent assault?

A. In Korea, sudden molestation is considered the same as assault or threat, and it will be punishment for molestation.

Q. What is the statute of limitations for indecent Act by Compulsion?

A. The statute of limitations for indecent Act by Compulsion is 10 years. However, In certain cases, the statute of limitations may be suspended.

Q. Is there a possibility that I will be arrested during the police investigation process?

A. If the suspicion is obvious or the case issue is serious, there is a possibility of getting arrested during the police investigation process.

Q. In Korea, what is the punishment for indecent Act by Compulsion?

A. Indecent assault is usually sentenced to years in prison or suspended sentence in Korea.

Q. Can I get a consultation in foreign language ?

A. In the present, we provide English, Vietnam and Thai consultation. For any other languages, prior reservation is needed.

Q. When should I appoint a lawyer ?

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.

Q. Is there any disadvantage or penalty if I refuse to give a statement to the police?

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.

Q. Can I say to the police that I will give a statement after the lawyer has arrived?

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.

Q. Can the victim assist a lawyer?

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.

Find out about rape

A crime of committing adultery or similar sexual acts by using violence, intimidation, inability to resist due to alcohol or drugs, etc.

Find out about Sexual photo and video shooting

A crime of photographing or distributing the body of another person that may cause shame by using a mobile phone camera or micro-camera

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