Not legal advice. This is general information, not legal advice. It does not create an attorney-client relationship.
Key facts
- Assault charges in South Korea carry strict penalties and significant immigration risks. Understanding the distinction between simple assault and injury, as well as the unique Korean system of victim settlement, is essential for a successful defense.
1. Simple Assault (폭행) vs. Causing Injury (상해)
2. The Korean 'Mutual Agreement' Culture (합의)
3. Self-Defense Claims (정당방위) in Korea
4. Immigration Impact for Convicted Foreigners
What to do
- Do not assume self-defense will protect you if you fought back.
- Do not approach the victim directly to negotiate; use a lawyer.
- Collect CCTV footage or witness contacts immediately before they disappear.
- Get a medical certificate if you were also injured.
- Consult a lawyer who handles both criminal defense and immigration.
Key defense objectives & outcomes
Case dismissal through victim settlement (합의)
Deferred or suspended prosecution
Acquittal based on lack of evidence
Quick answers
What if both parties fought?
You will both likely be charged with mutual assault (쌍방폭행). The best approach is usually a mutual settlement where both parties agree to drop the charges.
Can I settle with money?
Yes, reaching a financial settlement (합의) is standard practice in Korea and is highly encouraged by prosecutors and judges to mitigate the sentence.
Will I be detained?
For simple bar fights or minor assaults, detention is rare. However, if weapons were used, the injuries are severe, or you are deemed a flight risk, you could be arrested and detained.
- Korean Criminal Act
- KLRI