Author Topic: My Experience with the Korean Justice System.  (Read 7719 times)

Offline TexasChicken

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My Experience with the Korean Justice System.
« on: June 17, 2011, 08:50:08 am »
8 months after being assaulted in Western Seoul, my case finally went to trial yesterday. I spent approximately 5 hours at the courthouse, and my issues are as of yet unresolved. Despite being found guilty in criminal court the person who assaulted me may not even have to pay my medical fees. He is a Korean national im an American. I am very disappointed with the legal system here.

Offline Chocolate Starfish

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Re: My Experience with the Korean Justice System.
« Reply #1 on: June 17, 2011, 08:51:10 am »
Will the guilty person go to prison?

Offline TexasChicken

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Re: My Experience with the Korean Justice System.
« Reply #2 on: June 17, 2011, 08:54:34 am »
No. He will not. The man who assaulted me hasn't paid his legal fees from a similar assault case in 2008 apparently either. His defense for himself was that he is unemployed and he was drunk at the time.

Offline hankmcmasters

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Re: My Experience with the Korean Justice System.
« Reply #3 on: June 17, 2011, 09:16:48 am »
would a person found guilty of assault go to prison in america?  i don't even know.

im not sure if believe that assault is a crime that should be punished with incarceration...

i dont think i'm totally happy with any justice system
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Offline Vincent

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Re: My Experience with the Korean Justice System.
« Reply #4 on: June 17, 2011, 09:20:58 am »
so he gets off with no ramificatiosn or anything  - you'd think they'd have some disgruntled coppers out back ready to beat him with a hose or something in recompense.

You may be sure if it were the other way around you'd be deported 

Offline This Is Sparta

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Re: My Experience with the Korean Justice System.
« Reply #5 on: June 17, 2011, 09:24:49 am »
Damn, sorry about that.  Frankly, ignorance is bliss in this country.  I get really pissed when I see this kinda BS.  Its a miscarriage of justice.

What happened?  Is this usual or is because you are a foreigner? 

Offline TexasChicken

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Re: My Experience with the Korean Justice System.
« Reply #6 on: June 17, 2011, 09:32:05 am »
Hairline fracture in the skull, bruised face 70-80 percent of the skin on my knees gone. After tackling me from behind into a brick wall which knocked me unconscious, I woke up with the guy kneeling on my back while he punched my face and slapped me with a shoe. Between 7-10 Korean people present no one pulled him off.

Offline Vincent

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Re: My Experience with the Korean Justice System.
« Reply #7 on: June 17, 2011, 09:34:24 am »
you'd definitely do time for that where i come from

Offline This Is Sparta

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Re: My Experience with the Korean Justice System.
« Reply #8 on: June 17, 2011, 09:42:44 am »
That's crazy!!! I guess this was just a random act of violence against waygooks. 

Offline AC_in_Korea

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Re: My Experience with the Korean Justice System.
« Reply #9 on: June 17, 2011, 09:46:10 am »
You didn't give alot of details, which is perfectly fine, no pressure to do so - but I hope you have a lawyer.  This is outrageous, no matter what nationalities either of you are.  What about the American Embassy, have you contacted them to see what can be done?  I know they won't interfere if you had committed the crime, but it certainly doesn't seem so.  I sincerely hope this gets worked out!
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Offline joeco

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Re: My Experience with the Korean Justice System.
« Reply #10 on: June 17, 2011, 09:50:37 am »
i was told from a korean that the excuse of being drunk in court is legitimate and you actually get less time than if you were sober while committing the crime. don't know if that's true, but was shocking to me.

Offline TexasChicken

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Re: My Experience with the Korean Justice System.
« Reply #11 on: June 17, 2011, 09:57:16 am »
Assaults against foreigners aren't as random as you would like to believe, they just never get publicized, and those involved are seldomly punished. I recommend google searching Korean assault foreigner, you might be suprised by how many cases there have been, alot of them are far more heinous than mine i.e. rape cases.

http://rokdrop.com/2006/03/15/sexual-assualts-in-korea/

The American Embassy has little or no real power in Korea, the only advice they could give me was the number to English speaking lawyers.

I have a lawyer, and he fully expected us to win our case, however yesterday we were offered 300 dollars which doesn't even cover my medical fees. He too is shocked and disgusted by the way I was treated.

Offline Paul

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Re: My Experience with the Korean Justice System.
« Reply #12 on: June 17, 2011, 09:57:34 am »
Between 7-10 Korean people present no one pulled him off.

This is probably the bit I find the most horrific. Spectators unwilling to even break it up.

In the scenario that he does end up getting away scot free, and you have firm reason to believe the verdict would have been different if you were Korean, note that East Asian governments have been known to respond quite seriously to matter-of-fact reports found in the NYT. Maintaining face means a lot on a national level. Won't help you personally, but there may be a bit more drive in the public sector to make sure the law is upheld regardless of nationality in future.

I truly wish you the best in your recovery mate.
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Offline hien_t

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Re: My Experience with the Korean Justice System.
« Reply #13 on: June 17, 2011, 10:04:21 am »
Hairline fracture in the skull, bruised face 70-80 percent of the skin on my knees gone. After tackling me from behind into a brick wall which knocked me unconscious, I woke up with the guy kneeling on my back while he punched my face and slapped me with a shoe. Between 7-10 Korean people present no one pulled him off.

Wow, that is really shocking to hear.  I had Korean friends to told me that the justice system here favors foreigners way more than Koreans, which is why a lot of Koreans complained.  I read stories before about unfair treatment, and your story just added yet another one to the list.  I never really believed them, because why else would this have happened to you.  Really sorry to hear that this happened to you.  Maybe you can contact the U.S. embassy about your issue like another suggested.

It's seriously messed up that the person isn't responsible for both your court and medical fees.  I guess that just teaches us that in Korea, if something goes down, just say you are drunk and unemployed and get away with whatever you want.  I'm kind of shocked that no one helped you.  Where I come from, if a fight starts, everyone jumps in to break it up, ESPECIALLY when there are no weapons involved.

It'd be different if he charged at you with a knife or gun, but usually since there are so many people jumping in to help, I never feel afraid to jump in and break up fights despite my smaller and weaker size because there was always strength in numbers.  But, I guess I'll try to keep that in mind.  It would be really awkward if I found myself being the only one trying to break two really large guys' fight.

I personally haven't seen physical fights between adults.  I see it with some students, but I could easily break those up myself.

Has any other waygook seen a fight while they were here?  Do Koreans just let it be and have two people fight to their deaths?  Or does someone (aside from policemen) actually jump in to break up the fight?

Offline lizteacher10

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Re: My Experience with the Korean Justice System.
« Reply #14 on: June 17, 2011, 10:05:03 am »
You poor thing~ I feel so terrible for you~ I am thankful everyday that no korean has randomly attacked me.
Just keep fighting against this guy. Your lawyer sounds like a good guy.
If you are not worried about being in the publicity, what if you had a English journalist here cover your story? There are quite a few foreigners here working for papers or online news. If this is out of the question for you, sorry. Just thinking to have something like this shown to koreans might wake them up a little.
Take care fo yourself!!! Good Luck!

Offline summerthyme

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Re: My Experience with the Korean Justice System.
« Reply #15 on: June 17, 2011, 10:12:47 am »
I woke up with the guy kneeling on my back while he punched my face and slapped me with a shoe.

I'm a little confused.  You woke up with the guy kneeling on your back while he punched your face, or you woke up on your back to him kneeling and punching your face?  The way you phrased it sounds like the first situation, although that seems physically impossible.

Did anything happen to instigate the attack?
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Offline woman-king

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Re: My Experience with the Korean Justice System.
« Reply #16 on: June 17, 2011, 10:14:30 am »
Assaults against foreigners aren't as random as you would like to believe, they just never get publicized, and those involved are seldomly punished. I recommend google searching Korean assault foreigner, you might be suprised by how many cases there have been, alot of them are far more heinous than mine i.e. rape cases.

http://rokdrop.com/2006/03/15/sexual-assualts-in-korea/

The American Embassy has little or no real power in Korea, the only advice they could give me was the number to English speaking lawyers.

I have a lawyer, and he fully expected us to win our case, however yesterday we were offered 300 dollars which doesn't even cover my medical fees. He too is shocked and disgusted by the way I was treated.

True that.  Thanks for sharing your story with us, I'd also recommend sharing it on Dave's, and if you can get it picked up by well-known waygook Korean blogs that would be good too.  Korea might not have drugs or guns, but it has a TON of alcoholics, a much different justice system than the West, and if you're in the Waygook demographic, you're not actually as safe here as many make you out to be.  People who come here to teach need to have an accurate picture of what can happen here and how it's handled legally.

Offline taeyang

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Re: My Experience with the Korean Justice System.
« Reply #17 on: June 17, 2011, 10:15:58 am »
it's such a double standard too, isn't it. was it the other way around... well. y'know.

or if it were in our own countries. same outcome.

feel better though. that's all i can say really...
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Offline sophia

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Re: My Experience with the Korean Justice System.
« Reply #18 on: June 17, 2011, 10:17:34 am »
If you can, go to the media.

I had family members go to the media for dumber stuff like the mailman being a jerk and it was really effective.
Definitely have your story heard!

Offline Koreak

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Re: My Experience with the Korean Justice System.
« Reply #19 on: June 17, 2011, 10:20:05 am »
Unfortunately I have seen a few fights in my days.  When I first came to Korea I noticed people fighting and no one breaking up the fight.  The one guy knocked the other down and was severly kicking him.  So, I stepped in and broke it up.  The attacker then tried to kick me in the head.  I am a pretty big stocky guy, so I just caught his foot and held it.  A 100kg waygook isn't quite as moveable as a typical 70kg Korean man.  So I just pushed him away.  He got up and ran away.  But after the altercation my Korean friends told me that it was stupid of me to step in because if I had injured the attacker then I would be liable for his damages. 

Korea operates on a 'who causes more damage' not who initiated the attack.  So that is why you typically don't see a random passerby try to break up the fight.  That being said I have seen people break up fights as well, but it is not as common.  Usually friends of each will pull people away before it esculates.

I feel bad the OP's situation.  I hope the idiot gets what he deserves.  I didn't know about the 'I was drunk so I am not not liable for my actions' defence.  I suppose they can make the same defence when it comes to drinking and driving.  The punishments are not nearly as severe as in my home country.

« Last Edit: June 17, 2011, 10:23:12 am by Koreak »