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
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. Yes. Even if the crime victim does not file or cancel the complaint, the perpetrator will get punishment.
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. 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.
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.
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.
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.
A. The perpetrator will be sentenced to prison for years in Korea.
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.
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 rape victim. We are working on writing complaints, investigating processes, and submitting a written opinion to make perpetrators take proper legal responsibility.
Violence, intimidation, or abruptly touching another person's body to make them feel sexually humiliated
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
Navigation: Search ‘여해법률사무소'
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