Ask Korea Law

Published by Chung & Partners Since 2008


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[Q&A] Criminal Charge and Its Legal Implications in Exit Order, Entry Ban and Visa Refusal in Korea

Q) This past weekend I was involved in some altercation with a Korean guy at the local bar.  I pushed him slightly, but he fell down and broke his wrist.  He phoned a police officer and filed a criminal accusation against me.  I am an E-2 visa holder.  What can I do now to help myself?

A) If you are a first offender and had no other criminal record, I don’t think this case becomes a serious one.  However, as you are a foreigner, any conviction could lead to an exit order and an entry ban decision from the Korean immigration office.  Under the current rule, if a foreigner is fined more than 5,000,000KRW for any crime in Korea, the immigration office can issue an exit order and a future visa application and extension could be denied.  It can also result in an entry ban.  Under the rule, the duration of entry ban is as follows:

  • total amount of fine for the last 1 year exceeds 5,000,000KRW: 1 year
  • committed any crime more than 2 times for the last 1 year: 1 year
  • the amount of fine is between Continue reading


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How to Cope with the Korean Police’s Summon for Criminal Investigation

Can Korean Police Issue a Summon Even When the Suspect Resides Abroad?

For a starter, there may be a question about whether the Korean police can summon a foreigner who resides abroad.  The answer is yes. The Korean criminal law applies to those who have committed crimes within Korea and then gone abroad, as well as those who have committed crimes against Koreans while staying outside of Korea.  Thus, a foreign resident could be sued and accused by the Korean police, and in such case, the Korean police moves to demand the foreign suspect to attend the investigation in Korea.  Recently, our office sees many cases where a foreign resident employee of a foreign company is called in by the Korean police in relation with its Korean subsidiary’s business.

Do I have to comply with the summon?

Since a foreign country is not within the domain of Korea’s criminal jurisdiction, it is not mandatory for the foreign resident suspect to comply with the summon.  However, if the foreign resident suspect refuses to comply with, the Korean law enforcement authority can get an arrest warranty, which could put the suspect at risk of being arrested upon entering Korea. Continue reading


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Rights of a Criminal Suspect during the Korean Investigation Procedures – Self-Advocacy Note Presented by the Seoul Bar Association

Seoul Bar AssociationThe Seoul Bar Association has recently issued a Self-Advocacy Note for the use of any criminal suspect under the Korean investigative procedures.  Before this being issued, the National Human Rights Commissions had recommended the police and the prosecutors to guarantee the criminal suspects’ right to take notes.  Although this may sound weird to some from other countries, the Korean police and prosecutors have been prohibiting the suspects from taking their own notes during the interrogation.

 

This Self-Advocy note is prepared in order to help any suspect inducing a foreign suspect to fully understand and examine his/her statutory rights to self-advocacy before and during the investigative procedures. You can download it at the homepage of the Seoul Bar association or by clicking here.

This also contains a good explanation of the overall investigative procedures under Korean law.  Below is quoted from the English version of Self-Advocacy Note which explains about the Criminal Investigative Procedures in Korea.  It should be greatly appreciated that Continue reading


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Chung & Partners Succesfully Defended its Client in a High Profile Criminal Case

Last September, Supreme Porsecutors Office(SPO) investigated the ex-head of Military Mutual Aid Association(MMAA) and his son as they had received 30,000 stocks of Kenertec, a Korean Energy company, from its representative in response to securing investments from the MMAA.

Mr. Wonil Chung, a partner of Chung & Partners, represented the son and succeeded in making the SPO drop the charge and not prosecuting him.

Afterward, the SPO prosecuted only the ex-head of MMAA to the court, but last Friday, Seoul Central District Court sentenced not guilty stating there is no evidence that supports there had happened any illegal activities.

Under Korean Criminal Law, a person who, administering other’s business, receives property or obtains advantage from a 3rd party in response to an illegal solicitation concerning his duty, shall be punished by imprisonment for not more than 5 yeard or by a fine not exceeding 10 million won.

Established in 1984 as a special organization under the Ministry of National Defense, the MMAA administers assistance for military personnel and veterans. It has 160,000 members and its assets are valued at 7.8 trillion won ($5.94 billion).  The organization has seven businesses and recorded a total profit of 153.7 billion won last year.

This case had drawn big attentions within Korean society because of the MMAA’s powerful position in Korea’s financing & investment market and new government and SPO’s attempt to scrape out public enterprises’ corruption.  But at least in this case, Continue reading