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Lost Wages
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Non-material or Moral Damage
Non-material or Moral Damage
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Sexual crimes under Korean criminal law
Regulations and types of punishment for sexual crimes in Korea
(1) Public indecency: Article 245 of the Korean Criminal Act
Criminal law provisions: Anyone who commits an obscene act in public shall be subject to imprisonment for not more than one year, a fine not exceeding 5 million won, detention, or a minor fine.
This is a type of sex crime with a relatively light punishment. What has recently become a social issue are more serious sexual crimes, such as rape and forced sexual assault.
(2) Rape: Article 297 of the Criminal Act of the Republic of Korea
Criminal law provisions: Anyone who commits adultery with another person through violence or intimidation shall be punished by imprisonment for a limited period of three years or more
(3) Quasi-rape: Article 297-2 of the Criminal Act
Criminal law provisions: A person who inserts his or her genitals, fingers or other body (excluding genitals) into another person’s body (excluding genitals), such as the mouth or anus, by means of violence or intimidation, or who inserts another person’s genitals or Instruments inserted into the anus are punishable by imprisonment for at least two years.
(4) Molestation by force: Article 298 of the Criminal Act
Criminal law provisions: Anyone who molests another person through assault or intimidation shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 15 million won.
This is the type of sexual crime most frequently referred to Merits Law Office.
Sometimes there are cases where there is only the victim’s claim without any clear basis or evidence.
However, the recent trend of criminal punishment in Korea is that even if the victim’s statement is the only evidence, it is recognized as evidence for criminal punishment if it is judged to be reliable.
Therefore, the suspect may find himself in a very unfair situation. Here is why you must seek help from a sex crime lawyer in foreign sex crime cases.
(5) Quasi-rape, quasi-forcible molestation: Article 299 of the Criminal Act
Criminal law provisions: A person who commits adultery or commits indecent assault by taking advantage of a person’s unconsciousness or inability to resist shall be subject to the provisions of Articles 297, 297-2, and 298.
These types of sexual crimes often occur in clubs, bars, or hotels. If a woman takes advantage of her drunken state to rape her, this sexual crime is recognized.
In these cases, there are also cases where only the victim’s statement is accepted as evidence. In this situation, it is necessary to appoint a lawyer specializing in sexual crimes to prevent foreign defendants from receiving unfair criminal punishment.
(6) Other sexual crimes stipulated in special laws
Recently, “illegal filming/Recording” sex crimes have become a social problem.
If you take videos or photos of sexual intercourse without the other person’s consent, this is a very serious crime.
Additionally, illegally filming/Recording another person’s body without that person’s consent is also a very serious crime.
Recently, Merits Law Office has been receiving a lot of sexual crime cases involving “illegal filming/Recording,” “non-consensual filming/Recording,” “distribution of illegally filmed/recorded videos or photos,” and “threats using illegally filmed/recorded videos.”
These sexual crimes can result in very serious criminal punishment.
In particular, in the case of foreigners, it is necessary to receive legal advice from a sex crime lawyer at Merits Law Office in order to avoid being unfairly accused.
