When you are reported for assault

The first few days after a report are your window to gather evidence. If police came to the scene, their dispatch record and what you said then are in the case file, so write down what you said as well as you remember. Take care of the following first.

• Find out whether the other person submitted a medical certificate. If they did, the case may be investigated as bodily injury rather than assault.
• Secure CCTV and dashcam footage from the scene, and the contact details of people nearby. Footage from shops and car parks is usually deleted within two weeks to a month.
• If you were hit too, see a doctor right away and take photos of your injuries.
• Write down in time order who spoke first and who touched whom first, and how many times and in what way.

Assault (폭행) is punishable by imprisonment of up to 2 years, a fine of up to 5 million won, short detention or a petty fine, and cannot be punished if the victim does not want punishment (Criminal Act (형법) Article 260). If an injury results, it becomes bodily injury (상해), punishable more heavily by imprisonment of up to 7 years, suspension of qualifications of up to 10 years or a fine of up to 10 million won, and a settlement does not end the case (Article 257).

Hitting someone while holding a dangerous object such as a phone or a bottle is special assault (특수폭행), punishable by imprisonment of up to 5 years or a fine of up to 10 million won (Article 261). Special assault can be punished even if there is a statement of non-punishment. If the other person submits a medical certificate later, the charge can change, so do not relax just because of the allegation you first heard.

Self-defense (정당방위) is accepted when an act to prevent a present, unlawful attack is reasonable in degree (Criminal Act Article 21). In a fight where punches were exchanged, the courts view attack and defense as mixed together and rarely accept self-defense.

The assessment differs depending on whether you pushed the other person away in the moment to block an attack, or struck back after the attack was over. This distinction turns on the details of the footage and statements, so secure the footage before questioning and set out the exact order of movements. If your intention to defend yourself was clear and you did not go too far, as when pushing away someone holding a weapon to escape, it may be worth arguing.

Simple assault ends with "no right to prosecute" (공소권없음) once a statement of non-punishment (처벌불원서) is submitted. If you settle at the police stage, the case can end with non-referral, so the sooner the better. In mutual assault cases, it is often resolved by both sides exchanging statements of non-punishment.

Once someone says they do not want punishment, it cannot be undone (Criminal Procedure Act (형사소송법) Article 232(3)), so the other person will also be careful about signing. Set the settlement amount based on medical costs, losses and how the incident happened, and send the money by bank transfer to keep a record. Even if the other person asks for an excessive amount, do not angrily cut off talks; ask for supporting evidence such as medical receipts and then negotiate.

Explain what happened before and after in time order; describing accurately what you did is more convincing than listing the other person's faults at length. Check movements such as whether you pushed or hit, and how many times, against the footage.

If you were injured, submit the medical certificate and photos, and if you are also a victim, give a separate statement about that part. Decide whether to ask for the other person to be punished together with your approach to settlement.

Going to the other person or contacting them repeatedly can turn into threats or stalking, let alone a settlement. If you do not know their contact details, pass on your wish to settle through the investigator.

Saying you do not remember because you were drunk does not help the outcome. Separate what you remember from what you do not, and tell the truth.

Swearing at or pushing police officers who came to the scene can add a charge of obstructing official duties. If that has already happened, it is better to tell the truth and apologise in questioning than to hide it.

At the consultation, we look at the footage, medical certificates and statements to see first whether it is assault or bodily injury and whether there is room to argue self-defense. We practise questioning with you and attend it, and if a settlement is needed, Jisan Law handles contact with the other party on your behalf. The settlement process and materials are set out in a defense counsel's written opinion. If you have just been reported, securing footage is urgent, so contact us through the chat on this page.