You may need a consultation if
- Your partner wanted to get out of the car during an argument, but you kept driving to keep talking
- You held someone who wouldn't repay you in your office to talk it out
- You made your spouse's affair partner write a pledge never to see them again
- You pressed an employee hard to write a resignation letter and were accused of coercion
- You are being questioned for confinement resulting in injury because the other person was hurt during the confinement
Relevant Laws
Criminal Act (형법) Article 276 (Arrest and Confinement) and Article 280
Arresting or confining a person is punished by up to 5 years' imprisonment or a fine of up to KRW 7 million, or if the victim is a lineal ascendant, by up to 10 years' imprisonment or a fine of up to KRW 15 million, and attempts are also punished. Special confinement, such as while carrying a dangerous object, is increased by up to one half (Article 278).
Criminal Act Article 281 (Arrest or Confinement Resulting in Injury or Death)
If arrest or confinement causes injury, the punishment is imprisonment for a fixed term of 1 year or more; if it causes death, imprisonment for a fixed term of 3 years or more.
Criminal Act Article 324 (Coercion)
Obstructing a person's exercise of their rights or making them do something they have no duty to do by assault or threats is punished by up to 5 years' imprisonment or a fine of up to KRW 30 million; if done while carrying a dangerous object or by similar means, by up to 10 years' imprisonment or a fine of up to KRW 50 million.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
The means of keeping someone from leaving are not limited to physical ones
The Supreme Court holds that the barrier in confinement can be psychological and intangible as well as physical and tangible. Ignoring a request to get out and continuing to drive elsewhere at 60 to 70 km/h was confinement, and where the victim fell and died trying to escape, confinement resulting in death was found (Supreme Court Decision 99도5286, February 11, 2000).
Confinement is committed even if the person was allowed some freedom of movement within the confined space (Supreme Court Decision 2000도102, March 24, 2000). On the other hand, if the other person could leave at any time and never actually tried to, that makes it hard to see it as confinement.
Coercion looks at the means rather than what was demanded
Even if you had a right to money or the other person was in the wrong, making them write a pledge by means of assault or threats can be coercion. A threat means announcing harm that would frighten the other person, so even saying you will tell their family or workplace can be a problem depending on the circumstances.
A pledge or settlement agreement obtained by coercion can be cancelled as a declaration of intent made under duress (Civil Act Article 110). If you plan to claim money based on such a pledge, first reconsider whether it is valid.
If someone is injured, the statutory penalty changes
If the other person is injured during the confinement or while escaping, it becomes confinement resulting in injury, punishable by imprisonment for a fixed term of 1 year or more, with no fine option. You can dispute whether the injury was connected to the confinement and whether such a result was foreseeable.
Confinement and coercion between family members are domestic violence crimes, so temporary measures or domestic protection case procedures may proceed alongside.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Long confinement or a remote location
- · Assault or threats occurred as well
- · The other person was injured or put in danger trying to escape
- · Obtained a pledge or money
Factors that work in your favor
- · Released the person on your own after a short time
- · Circumstances in which the other person could have left
- · A spur-of-the-moment situation aimed at talking or reconciling
- · A settlement with the victim
How Jisan Law's Criminal Law Center Responds
- 1
Timeline by the minute
We set out movements between places and conversations minute by minute, from the time you met to the time you parted.
- 2
Securing objective materials
We secure dashcam footage, navigation records, messenger chats and nearby CCTV.
- 3
Mock questioning and sitting in
We practice for questions about when you knew the person wanted to leave and why you stopped them, and go into the questioning with you.
- 4
Written opinion and settlement
We submit a written opinion disputing the degree of confinement or threats, and for the parts you admit, prepare a settlement and sentencing materials.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
I only held them for a few minutes. Is that still confinement?
Confinement can be committed even for a short time. However, whether it was a very short time, whether the other person actually tried to leave and how you stopped them are reflected in the decision and sentence.
I had a right to the money. Can it still be coercion?
Even if you have a right, forcing performance through assault or threats can raise coercion or extortion. It is safer to collect a debt through procedures such as a payment order or a lawsuit.
Is a pledge written under coercion valid?
A pledge written under duress is a declaration of intent that can be cancelled. If you are the one who received the pledge, check how it was written before making a claim based on it.