Rape

CRIMINAL ACT Article 297 (Rape)
A person who, by means of violence or intimidation, has sexual intercourse with another shall be punished by imprisonment with labor for a limited term of at least three years.

The above is a basic legal penalty regulations of forced harassment, and depending on the type of act, the age of the victim, and the relationship with the victim, the maximum death penalty or life imprisonment can be imposed.

Rape-like crimes include quasi-rape using the victim's mental and physical loss due to drinking, drugs, or inability to resist, and similar-rape with genitals and fingers in the mouth or anus

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.

Foreigners are not familiar with Korean legal procedures and face difficulties asking for help due to communication issues. Since statements during the investigation process are made through an interpreter, it is often difficult to convey the intended meaning properly, and sometimes a single mistranslated word during the investigation can determine guilt or innocence.

Foreigners must also undergo a case review by the Immigration Office regarding the potential cancellation of their residency status after the criminal procedures. Therefore, it is important to get help from a lawyer who has expertise in both South Korean Criminal Law and Immigration Law (Immigration Control Act).

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.

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Various processing cases

Reconstructed the actual case to protect personal information

1. The American defendant, while staying at a hotel in Dongducheon City, suddenly raped the victim when a hotel employee bought food and entered the room and they were alone.

2. The Japanese defendant found the victim sitting alone on a park bench, ran and blocked the victim's front, gestured to the victim to find the dog, held the victim so that he could not escape and took the victim to the defendant's house, then raped her.

3. The Chinese defendant invited a Japanese victim he met at a foreign exchange student's meeting to his house and drank with his friends. The accused stopped the victim from going home when her friends went home and tried to rape her, but he failed

4. The foreign defendant met an American victim at a club and exchanged Instagram IDs, and there was no interaction. The defendant contacted the victim to meet him in Yeonnam-dong (Hongdae), drank together, and then dragged the drunk victim to the parking lot and attempted to rape her.

5. The defendant, a Chinese citizen, got to know the victim with the help of an interpreter from a naturalized Korean victim. The defendant invited the victim to the defendant's house on Jeju Island to have a meal, then took her cell phone and car key and raped her.

6. The Vietnamese defendant said that he looked for jobs for Vietnamese victims who came to Korea to help their younger sister raise children. The accused drove the victim into the mountain in his car and raped her.

7. The Kazakh defendant obtained a favorable impression by communicating with the victim of the same nationality through the smartphone chatting app badoo. The accused raped the victim after telling the victim to come to the motel where the accused was staying.

8. The Hong Kong defendant approached the victim while passing by in ooo-dong, Seoul, lied that he was a Hong Kong foreigner running an American company, and exchanged contact information with the victim. The defendant summoned the victim to a wine bar, drank alcohol, and when the victim got drunk, took the victim to the defendant's residence on the upper floor of the same building and attempted to rape her.

More cases

FAQ

Q. In Korea, will the perpetrator get punishment even if the rape victim does not file or cancel the complaint?

A. Yes. Even if the crime victim does not file or cancel the complaint, the perpetrator will get punishment.

Q. Can the perpetrator get punishment 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. Sex that the victim does not agree, can it be seen as rape?

A. In Korea, there is no sex-related crime of non-consent rape - no means no rule, however, if the victim reports an unwanted sex afterwards, the perpetrator may be punished.

Q. What is the statute of limitations for rape crime ?

A. The statute of limitations for rape crime is 10 years. However, the statute of limitations may not apply or may be suspended in certain cases.

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

A. If it rape suspicions is obviously true 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 rape crime?

A. The perpetrator will be sentenced to prison for years in Korea.

Q. Does it affect the visa when getting punished for rape crime ?

A. If you are sentenced to prison for rape, you will have to leave the country immediately after being released from prison in Korea. Even if you receive a suspended sentence, you will be ordered to leave Korea by the immigration office.

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 a rape victim assist a lawyer?

A. Victims can assist a lawyer, Yeohae law firm are currently helping rape victim. We are working on writing complaints, investigating processes, and submitting a written opinion to make perpetrators take proper legal responsibility.

Find out about indecent assault

Violence, intimidation, or abruptly touching another person's body to make them feel sexually humiliated

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

Managing Partner Kim, Pyoung-ho

2011: Passed the Judicial Examination
2011: Review Committee Member for the 1st Attorney Examination, Ministry of Justice
2011: Review Committee Member for the 54th Judicial Examination, Ministry of Justice
2013: Civil Mediator, Seoul Central District Court
2013: Acting Prosecutor, Jeonju District Prosecutors' Office
2013: Professional Training, Office of National Assembly Member Lee Chun-seok
2013: Researched U.S. Government Procurement Laws, KOTRA Washington, D.C.
2015: Member, International Committee of the Korean Bar Association
2015: Member, School Violence Countermeasures Committee, Seoul Seo-i Elementary School
2017: Legal Advisor, Korea Paragliding Association
2017: Member, Disciplinary Committee of the Seoul Bar Association
2017: Adult Guardian, Seoul Family Court
2020: Delegate, The Korean Society of Law
2020: Member, Regulation Deliberation Committee, Seoul Entrepreneurs' Association
2020: Member, Committee for the Protection of Teachers' Rights, Seoul Seo-i Elementary School
2021: Young Lawyer Award, Korean Bar Association
2021: Excellent Lawyer Award, Korean Bar Association
2023: Member, Administrative Disposition Deliberation Committee, Ministry of Land, Infrastructure and Transport

Education: B.S. in Physics, Yonsei University
Languages: Korean, English

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Rape

Rape

Criminal Defense for Foreigners in Korea

Excellent Lawyer Award from Korean Bar Association

Various processing cases

Reconstructed the actual case to protect personal information

1. The American defendant, while staying at a hotel in Dongducheon City, suddenly raped the victim when a hotel employee bought food and entered the room and they were alone.

2. The Japanese defendant found the victim sitting alone on a park bench, ran and blocked the victim's front, gestured to the victim to find the dog, held the victim so that he could not escape and took the victim to the defendant's house, then raped her.

3. The Chinese defendant invited a Japanese victim he met at a foreign exchange student's meeting to his house and drank with his friends. The accused stopped the victim from going home when her friends went home and tried to rape her, but he failed

4. The foreign defendant met an American victim at a club and exchanged Instagram IDs, and there was no interaction. The defendant contacted the victim to meet him in Yeonnam-dong (Hongdae), drank together, and then dragged the drunk victim to the parking lot and attempted to rape her.

5. The defendant, a Chinese citizen, got to know the victim with the help of an interpreter from a naturalized Korean victim. The defendant invited the victim to the defendant's house on Jeju Island to have a meal, then took her cell phone and car key and raped her.

6. The Vietnamese defendant said that he looked for jobs for Vietnamese victims who came to Korea to help their younger sister raise children. The accused drove the victim into the mountain in his car and raped her.

7. The Kazakh defendant obtained a favorable impression by communicating with the victim of the same nationality through the smartphone chatting app badoo. The accused raped the victim after telling the victim to come to the motel where the accused was staying.

FAQ

Q. In Korea, will the perpetrator get punishment even if the rape victim does not file or cancel the complaint?

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

Q. Sex that the victim does not agree, can it be seen as rape?

Q. What is the statute of limitations for rape crime ?

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

Q. In Korea, what is the punishment for rape crime?

Q. Does it affect the visa when getting punished for rape crime ?

Q. Can I get a consultation in foreign language ?

Q. When should I appoint a lawyer ?

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

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

Q. Can a rape victim assist a lawyer?

Find out about indecent assault

Find out about Sexual photo and video shooting

Managing Partner Kim, Pyoung-ho

Get a free consultation with our professional counselor

Parties to the litigation we conducted

Certifications and Awards

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