You may need a consultation if
- You demanded compensation for an accident, said you would tell the other person's company, and were accused of extortion
- You are accused of taking money after threatening to tell someone's family about their private life
- You went with several people to pressure someone into repaying money you lent
- You demanded compensation over a foreign object in your restaurant food and were reported
- Someone is using your weak spot to demand money, and you want to file a complaint
Relevant Laws
Criminal Act (형법) Article 350 (Extortion)
Obtaining property or a financial benefit by extorting a person is punished by up to 10 years' imprisonment or a fine of up to KRW 20 million. Attempts are also punished (Article 352).
Criminal Act Article 350-2 (Special Extortion)
Extortion committed by displaying the force of a group or crowd or while carrying a dangerous object is punished by 1 to 15 years' imprisonment, with no fine option.
Punishment of Violences, etc. Act (폭력행위 등 처벌에 관한 법률) Article 2(2)
If two or more people jointly commit extortion, the penalty set in the Criminal Act is increased by up to one half.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
It can be extortion even if you were owed money
Courts hold that even with a legitimate claim, collecting money through threats that society would find hard to accept is extortion (Supreme Court Decision 99도4305, February 25, 2000). The problem is less what you demanded than how you demanded it.
Calculating your loss, claiming compensation and saying you will sue if they don't pay is generally seen as exercising your rights. On the other hand, demanding more than your actual loss while saying you will tell their workplace or family, or post it online, makes it more likely to be seen as extortion.
It is punished as an attempt even if you got no money
Even if the other person was not frightened or did not send money, once you began the extortion it is attempted extortion. If you made the demand by text or messenger, those records are direct evidence, so to explain the context you need to check the full conversation in time order.
If the other side submitted only part of the conversation, you need to submit the messages before and after the demand as well. The same sentence reads differently depending on whether the other person first promised compensation and who first mentioned an amount.
The investigation continues even after a settlement
Extortion can be prosecuted even if the victim does not want punishment. Returning the money and settling is reflected in the decision and sentence, but it does not end the case. Special extortion carries only imprisonment, so how early you made up for the harm affects whether you get a suspended sentence (집행유예).
If several people went together, the penalty may be increased as joint extortion under the Punishment of Violences, etc. Act. Write down separately what each person who went said and did.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Went with several people or showed a dangerous object
- · Demanded an amount far from the actual loss
- · Demanded repeatedly or actually exposed the person
- · A previous record for the same offense
Factors that work in your favor
- · There was an actual loss behind the demand
- · Returned the money and settled
- · A single, spur-of-the-moment incident
- · No criminal record
How Jisan Law's Criminal Law Center Responds
- 1
Consultation with the managing partner
We check the circumstances behind the demand, what was actually said and any money received.
- 2
Organizing conversation records
We put messages and call recordings in time order to build materials showing how the demand was made.
- 3
Mock questioning and sitting in
We practice in advance for questions about how you made the demand and the words used, and go into the questioning with you.
- 4
Written opinion and restitution
We argue that it was within the scope of exercising your rights, or if you admit it, proceed with returning the money and settling, and submit a written opinion.
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
View profile →
Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
View profile →
Frequently asked questions
The other person was in the wrong first. Why is asking for compensation extortion?
Even if the other person was clearly at fault, getting money by frightening them can be extortion. What decides it is whether the amount was close to the actual loss, and whether you mentioned a lawsuit or formal procedures or instead threatened to expose them.
If I return the money, does the case end?
The investigation can continue even if you return it. However, returning it early and settling weighs heavily when deciding whether to indict and on the sentence.
I was harmed and want compensation, but I'm worried I'll be accused of extortion.
Document your loss to set the amount, and don't say you will tell their workplace or family. If you make the demand through formal channels, such as a certified letter or civil proceedings, you can avoid an extortion dispute.