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.

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.

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.

9. The Thai defendant was massaging the victim at a massage parlor, and as the victim fell asleep, he put the defendant's finger in the victim's genitals.

10. The Thai defendant suddenly kissed the victim's mouth at the end of the massage while giving an aroma massage to the victim who was visiting as a guest at a massage parlor, put his hand into the victim's panties, put his finger into the victim's vagina, and gave his mouth sucked the tit The defendant continued to try to put his hand into the victim's panties, but the victim said 'no' and stopped.


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. Is there a punishment for inserting the genitals into the mouth or anus, but not the women's genitals?

A. In case of oral sex or anal sex or in the case that victim got assault or blackmail, the perpetrator will get punishment. Also, in case of putting fingers, part of the body, or any tools into women genital, it will be considered as rape and will get punishment.

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

Representative Attorney Pyoungho Kim

- 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

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